This order granted anticipatory bail to Balaram Routh in a criminal case involving simple injuries resulting from a quarrel, dispensing with custodial interrogation.
Anticipatory bail granted; petitioner to be released upon arrest upon furnishing bond of Rs. 10,000 with two sureties of like amount and complying with Section 438(2) CrPC conditions.
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15.11.2021 . Item No. 105 ap
(Allowed) C.R.M. 7195 of 2021 (via video conference) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 01.11.2021 in connection with Tamluk Police Station Case No. 873 of 2021 dated 20.10.2021 under Sections 341/323/325/308/379/506/34 of the Indian Penal Code. And In the matter of: Balaram Routh. …Petitioner Mrs. Juin Dutta Chakraborty. …For the petitioner Mr. Madhusudan Sur, ld. APP, Mr. Manoranjan Mahato. ....For the State
We have considered the materials on record. Statements of witnesses show that there was a quarrel resulting in assault of the victim. The natures of injuries do not appear to be grievous.
In view of the aforesaid facts, we are of the view that the custodial interrogation of the petitioner may not be necessary and the petitioner may be granted anticipatory bail.
Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing bond of Rs.10,000/-, with two sureties of like amount each, to the satisfaction of the arresting officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.
The application for anticipatory bail is, thus, disposed of.
All concerned parties shall act in terms of the copy of the order downloaded from the official website of this Court.
(Bivas Pattanayak, J.) (Joymalya Bagchi, J.)
2 issues framed by the court
Whether anticipatory bail is applicable to the petitioner under Section 438 CrPC considering the nature of injuries.
Whether the conditions of bail under Section 438 CrPC are satisfied.
3 provisions across 2 enactments
Balaram Routh
State
Bivas Pattanayak
Joymalya Bagchi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
