Calcutta High Court (Appellete Side)
Indian Penal Code vs In Re : Peskar Ali @ Fusida Sai on 28 September, 2022
Author: Debangsu Basak
Bench: Debangsu Basak
28.09.2022 41 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 4623 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with English Bazar Police Station Case No. 171 of 2021 dated 10.02.2021 under Sections 341/323/376/511/379/34 of the Indian Penal Code, 1860.
And In Re : Peskar Ali @ Fusida Sai ...... petitioner Mr. S. Chatterjee Mr. N. Chatterjee ....for the petitioner Mr. Swapan Banerjee Mr. Suman De ....for the State Considering the gravity of the offence and the involvement of the petitioners therein as transpiring from the materials in the case diary and considering the statement of the victim recorded under Section 164 of the Code of Criminal Procedure, we grant anticipatory bail to the petitioner.
Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like amount each, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner shall meet the Investigating Officer once a fortnight till the conclusion of the investigation and on condition that the 2 petitioner shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.
This application for anticipatory bail is, thus, allowed.
(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)