30.05.2024
Item No.52
Ct. No. 8
CHC/S. De
Allowed
Vacation Bench
C.R.M.(A) 1911 of 2024
In Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure in connection with Ratua Police
Station Case No. 63/2023 dated 13.02.2023 under Sections
341, 326, 307, 34 of the Indian Penal Code, pending before the
Learned Additional Chief Judicial Magistrate, Malda.
And
In the matter of : Bikram Musahar & ors.
...… petitioners
Mr. Sagar Saha
itioners
.…for the pet
Mrs. Sujata Das,
Mr. Santanu Deb Roy
.…for the State
Learned advocate appearing for the petitioners submits
that the principal accused has already been granted bail in
connection with the instant case and the present petitioners
have been implicated only because they are sons of the
principal accused.
Learned advocate appearing for the State has produced
the medical report as well as the statements of the witnesses
including that of the victim.
We have also taken into account the fact that the
investigation of the case has been concluded and charge-sheet
has been submitted before the jurisdictional Court.
Signed By :
CHINMOY
CHAKRABORTY
High Court of
Calcutta
30 th of May 2024
07:57:23 PM
2
Having regard to the overall circumstances of the case, we
are of the view that the custodial detention and/or interrogation
in connection with the instant case is unwarranted.
Accordingly, the prayer for anticipatory bail is allowed.
Thus, in case of arrest the petitioners shall be released on
bail upon furnishing a bond of Rs.10,000/- (Rupees Ten
Thousand only) each, with two sureties of like amount each, to
the satisfaction of the arresting officer. If on bail, the petitioners
shall make themselves available before the learned Trial Court
or the Court in seisin in Ratua Police Station Case
No.63/2023.
Learned Magistrate or the Court in seisin of the matter
while accepting the bonds of the present petitioners would be at
liberty to impose further condition as it deem fit and proper.
The aforesaid conditions are also subject to the conditions as
laid down under Section 438(2) of the Code of Criminal
Procedure, 1973.
This application for anticipatory bail is, thus, allowed.
CRM(A) 1911 of 2024 is disposed of.
(Tirthankar Ghosh, J.)
(Biswaroop Chowdhury, J.)