This order disposes of an application for anticipatory bail under Section 438 CrPC as infructuous. The court accepted the state's report that the underlying dispute is civil in nature, thereby negating any apprehension of arrest.
Application for anticipatory bail disposed of as infructuous.
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27.01.2022. 22. Ct.No.28. as
C.R.M. 9904 of 2019
(Via video conference)
In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kharagpur Town P.S. Case No.404 of 2019 dated 19.09.2019 under Sections 467/471/472/323/506/34 of the Indian Penal Code.
In the matter of : Sri Prem Chandra Jha.
…Petitioner.
Mr. Saswata Gopal Mukherjee, ld. P.P., Mr. Partha Pratim Das, Ms. Manasi Roy.
….for the State.
Mr. Das, learned Advocate appearing for the State submits report in final form stating that the dispute is civil in nature has been filed in the court below. Instruction in that regard be kept on record.
In view of the aforesaid, there is no apprehension of arrest of the petitioner in connection with this case.
Recording such fact, the application is disposed of as infructuous.
(Bivas Pattanayak, J.) (Joymalya Bagchi, J.)
1 issue framed by the court
Whether the application for anticipatory bail is infructuous given the civil nature of the dispute reported by the state.
2 provisions across 2 enactments
Sri Prem Chandra Jha
State
Bivas Pattanayak
Joymalya Bagchi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
