The Circuit Bench of Calcutta High Court at Jalpaiguri granted anticipatory bail to PETITIONERS Bhairab Barman under Section 438 CrPC, setting bond conditions given their age and the incident occurring seven years prior.
Petitioners to be granted bail upon arrest by furnishing a bond of Rs. 5,000/- with two sureties
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CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI
12.04.2023 Court No.1 (D/L 62) (allowed)
CRM (A) 202 OF 2023
In Re: An application for bail under Section 438 of the Code of Criminal Procedure, 1973 filed on 21.03.2023 in connection with Sitalkuchi Police Station Case No.352 of 2015 dated 19.11.2015 under Sections 366A/368/120B of the Indian Penal Code and adding Section 14 C of the Foreigners Act, 1946.
And
In the matter of : Bhairab Barman & Anr.
Mr. Hillol Saha Podder Ms. Mousumi Das Mr. Nilay Chakraborty Ms. Namrata Das
… for the petitioners.
… for the State.
Supplementary affidavit filed by the learned counsel appearing for the petitioner is kept with the record.
Perusing the supplementary affidavit, it can be seen that the petitioners are permanent residents of Coochbehar, West Bengal.
Perused the case diary from where it can be seen that the incident is of seven years back and both the petitioners are above sixty years old.
Considering the present facts and circumstances, we are inclined to grant anticipatory bail to the petitioners. We direct that in the event of arrest the petitioners be granted bail upon furnishing a bond of Rs.5,000/- with two sureties of Rs.2,500/- amount each, to the satisfaction of the learned ACJM, Mathabhanga and also subject to
2
the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973
The application for anticipatory bail is, accordingly, allowed.
[SHAMPA DUTT (PAUL), J.] (RAJARSHI BHARADWAJ, J.)
2 issues framed by the court
Whether the petitioners are eligible for anticipatory bail under Section 438 CrPC given their age and the time elapsed since the incident?
Whether the grant of anticipatory bail with surety bonds is justified considering the facts and circumstances of the case?
4 provisions across 3 enactments
Bhairab Barman & Anr.
The State
SHAMPA DUTT (PAUL), J.
RAJARSHI BHARADWAJ, J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
