Calcutta High Court (Appellete Side)
493/376/313/420 Of The Indian Penal ... vs In Re: Dipankar Barua & Anr on 5 February, 2019
1 05.02.201919
sdas Partly allowed C. R. M. No. 11135 of 2018 In Re.: An application under Section 438 of the Code of Criminal Procedure filed on 07.12.2018 in connection with Bhaktinagar Police Station Case No. 894 of 2016 dated 17.06.2016 under Sections 493/376/313/420 of the Indian Penal Code.
And In Re: Dipankar Barua & Anr. ........ petitioners Ms. Madhushri Dutta Majumder ... for the petitioners Mr. S.S. Imam, Mr. S. Kundu .... for the State Having considered the materials in the case diary prima facie disclosing involvement of the petitioner no. 1 in the alleged crime and the fact that the petitioners have failed and neglected to take steps in terms of the directions given in the order dated 03.01.2019, we are not inclined to grant anticipatory bail to him.
Accordingly application for anticipatory bail so far as petitioner no. 1 concerned is rejected.
However, keeping in mind the extent of complicity of the petitioner no. 2 in the alleged crime, we are of the opinion that petitioner no. 2 may be granted anticipatory bail.
Accordingly, we direct that in the event of arrest the petitioner no. 2 shall be released on bail upon furnishing a bond of Rs.10,000/- 2 , with two sureties of like amount each, to the satisfaction of the arresting officer and also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
Accordingly application for anticipatory bail so far as petitioner no. 2 concerned is allowed.
(Abhijit Gangopadhyay, J.) (Joymalya Bagchi, J.)