Calcutta High Court (Appellete Side)
Gunasindhu Barman & Others vs Unknown on 11 September, 2014
Author: Sudip Ahluwalia
Bench: Sudip Ahluwalia
1 680 11.09.2014
CRM 9163 of 2014 BD Re: An application for bail under Section 438 of the Code of Criminal Procedure filed on 23rd July, 2014 in connection with Basirhat Police Station Case No. 549/2014 dated 25.04.2014 under Sections 120B/325/326/354B/307/449/270/436/511/34 of the Indian Penal Code.
In the matter of : Gunasindhu Barman & Others.
... Petitioners Mr. Shiladitya Sanyal, Mr. Kallol Kr. Basu, Mr. Debapriya Samanta, Mr. Souvik Chatterjee, ... For Petitioners Mr. Saibal Bapuli, Mr. Sujan Chatterjee.
... For State Heard learned advocate of both the parties. Learned advocate of the petitioners submits that in relation to the self same incident another criminal case was started earlier being Basirhat P.S. Case No. 55 of 2014 dated 17th January, 2014 and subsequently on the self same allegation another criminal case was started being Basirhat P.S. Case No. 549 of 2014 dated 25th April, 2014.
Learned advocate of the State also does not dispute the aforesaid submissions made on behalf of the petitioners.
Having considered the materials in the case diary and specially considering the injury reports, we are of the view that custodial interrogation of the petitioners in this case is not necessary. There is also no apprehension of abscondence of the petitioners.
We are, therefore, inclined to allow the prayer of the petitioners for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973.
Accordingly, we direct that in the event of arrest, the petitioners, be released on bail upon furnishing a bond of Rs. 3,000/- (Rupees Three Thousand Only) each with one local surety of like amount each to the satisfaction of the arresting officer and subject to conditions as laid down in sub-section (2) of 2 Section 438 of the Code of Criminal Procedure, 1973.
The application for anticipatory bail is, thus, allowed.
(Pranab Kumar Chattopadhyay, J) (Sudip Ahluwalia, J)