Calcutta High Court (Appellete Side)
With Sections 3/4 Of The Pdpp Act & 813 Of ... vs In Re: Gautam Mallick @ Goutam Mallick on 30 August, 2024
Author: Soumen Sen
Bench: Soumen Sen
30.08.2024
Court No.29
Item No. 16
Allowed
ar
CRM (A) 2960 of 2024
In Re:- An application for anticipatory bail under section 438 of the Code of
Criminal Procedure corresponding to 482 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 in connection with Kulti Police Station Case No. 46 of 2023
dated 23.01.2023 corresponding to G.R Case No. 222 of 2023 under Sections
147/148/149/186/333/323/353/307/379/427/34 of the Indian Penal Code read
with Sections 3/4 of the PDPP Act & 813 of the National Highway Act, 1956.
And
In Re: Gautam Mallick @ Goutam Mallick
Petitioner
Ms. Minoti Gomes
For the Petitioner
Mr. Bibaswan Bhattacharya
Miss Ankita Pal
For the State
1.Claiming parity with the co-accused persons, who have been granted anticipatory bail on 15.6.2023 in CRM (A) 2240 of 2023 and on 19.9.2023 in CRM (A) 3770 of 2023 respectively not being opposed on behalf of the State, this application for anticipatory bail is allowed. Moreover, the charge-sheet has already been filed.
2. Accordingly, we direct that in the event of arrest, the petitioner, namely, Gautam Mallick @ Goutam Mallick shall be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like amount each, one of whom must be local, subject to the satisfaction of the Arresting Officer and also to comply with the conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the BNSS Act, 2023 and on further condition that the petitioner shall appear before the learned Chief Judicial Magistrate, Asansol, Paschim Bardhaman, corresponding to G.R. Case No. 222 of 2023 Signed By :
AMITAVA ROY High Court of Calcutta 30 th of August 2024 06:50:06 PM 2 within two weeks from date and the petitioner shall not intimidate the witnesses or tamper with evidence in any manner whatsoever. It is further ordered that the petitioner shall appear on every date before the aforesaid Court on and from the date fixed for appearance of the accused. In the event of non-compliance of any of the conditions, the anticipatory bail shall stand automatically cancelled without any further reference to this Court.
3. Accordingly, the prayer for anticipatory bail of the petitioner is allowed and the same is accordingly disposed of.
4. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.
(Soumen Sen, J) (Uday Kumar , J) Signed By :
AMITAVA ROY High Court of Calcutta 30 th of August 2024 06:50:06 PM