Allowed

Nirmal Pandey v. State of West Bengal

Calcutta HC29 Aug 2022CRM (A)/4023/2022

Case brief

AI extract

What is this about?

The court granted an application for anticipatory bail under Section 438 CrPC to the petitioner regarding an FIR under Sections 379/411/414/120B IPC read with Section 21(1)(4) of the MM(DR) Act, 1957. Conditions for bail were specified.

What did the court decide?

Anticipatory bail allowed; petitioner directed to furnish a bond and comply with conditions of appearing before courts and reporting to the Investigating Officer.

Nirmal Pandey Vs State of West Bengal — Anticipatory Bail | Calcutta HC (2022)

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29.08.2022 Serial no. 03 [Dd] (Anticipatory bail) Allowed )

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CRM (A) 4023 of 2022

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In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Tamna Police Station Case No. 114 dated June 25, 2022 under Sections 379/411/414/120B of the Indian Penal Code read with Sections 21(1)(4) of the Mines and Minerals (Development and Regulation)Act, 1957 giving rise to G.R. Case no. 1311 of 2022.

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-And-

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In the matter of : Nirmal Pandey

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… … Petitioner

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Ms. Navanil De, Mr. Rajeshwar Chakraborty, Mr. Srinjan Ghosh, Mr. Subhrajit Dey, Advoctes

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… … For the Petitioner

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Ms. Zareen N. Khan,

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Md. Kutubuddin, Advocates … …For the State

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Report submitted in Court be taken on record.

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The vehicle seized was in possession of a road e-challan. Learned advocate appearing for the State pursuant to order dated August 23, 2022 submits that, the road e-challan was valid and found to be correct.

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In such circumstances, we are inclined to grant anticipatory bail to the petitioner.

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Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only), 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

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condition that the petitioner shall report before the Investigating Officer once in a month till the conclusion of the investigation and on further condition that the petitioner shall appear on every date 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.

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Prayer for anticipatory bail of the petitioner is allowed. CRM (A) 4023 of 2022 is disposed of .

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(Debangsu Basak, J.)

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(Bibhas Ranjan De, J.)

Nirmal Pandey v. State of West Bengal

Case brief

What is this about?

What did the court decide?

Nirmal Pandey v. State of West Bengal

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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