Tapan Midya and Ors. v. the State of West Bengal
Case brief
What is this about?
Anticipatory bail Section 438 CrPC granted by Calcutta HC (CRM (A) 2485 of 2024, 24.07.2024, Soumen Sen J & Uday Kumar J) to Tapan Midya, Subhashish Maiti, Duranta Jana, Chiranjit Jana; underlying case Bhupatinagar P.S. Case No. 455/2022, G.R Case No. 2606/2022, IPC ss.143/379/427/506; case diary lacked injury report; custodial interrogation deemed unnecessary; bond Rs.10,000/- each with two local-inclusive sureties; conditions: weekly IO meeting, stay within Bhupatinagar P.S. jurisdiction, seek regular bail from ACJM Contai within two weeks, appear on all fixed dates else bail cancellable by jurisdictional Court.
What did the court decide?
Anticipatory bail granted to all four petitioners under Section 438 CrPC: on arrest, release upon bond of Rs.10,000/- each with two sureties of like amount (one local), subject to satisfaction of the Arresting Officer, compliance with Section 438(2) conditions, weekly reporting to the Investigating Officer until final report, remaining within Bhupatinagar Police Station jurisdiction, appearance before the Additional Chief Judicial Magistrate, Contai within two weeks to seek regular bail, and attendance on every fixed date (failure permitting the jurisdictional Court to cancel the bail without reference to this Court).