Single-bench judgment granting anticipatory bail to petitioner in an IPC offence case. Court imposed conditions including bond, sureties, and regular court appearances.
Anticipatory bail allowed with conditions of bond, sureties, investigation meetings, and daily court appearances.
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29.03.2022 104 Ct. No. 29 KAUSHIK Allowed
C.R.M.(A) 207 of 2022
In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Gangarampur Police Station Case No. 418 of 2021 dated 12.10.2021 under Sections 448/376 of the Indian Penal Code, 1860.
And
In Re : Gopal Tarafdar ...… petitioner
Mr. Bitasok Banerjee Mr. A. Salam .…for the petitioner Mr. Debabrata Chatterjee Ms. Debjani Sahu .…for the State
Petitioner seeks anticipatory bail.
Learned advocate appearing for the petitioner submits that, the petitioner was falsely implicated.
Learned advocate appearing for the State draws the attention of the Court to the statement of the victim recorded under Section 164 of the Code of Criminal Procedure (Cr.P.C.) and to the 161 Cr.P.C. statement of the neighbours.
Considering the materials in the case diary and the gravity of the offence and involvement of the petitioner, we grant anticipatory bail to the petitioner.
2
Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like amount each, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner shall meet the Investigating Officer once in a fortnight till the conclusion of the investigation and on condition that the petitioner shall appear every day before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.
This application for anticipatory bail is, thus, allowed.
(Debangsu Basak, J.)
(Bibhas Ranjan De, J.)
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner under Section 438 Cr.P.C. in connection with offences under Sections 448/376 IPC.
2 provisions across 2 enactments
Gopal Tarafdar
State
Debangsu Basak
Bibhas Ranjan De
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
