Calcutta High Court (Appellete Side)Uttam Bagdi & Ors vs Unknown on 20 May, 202120.5.2021                               CRM 1420 of 2021\nCourt No.28Item No. 38(Through Video Conference)\n   s.bharIn Re:- An application for anticipatory bail undersection 438of the\n              Code of Criminal Procedure in connection with Chanchal Police Station\n              Case No. 1161 of 2020 dated 15.12.2020 underSections\n              447/323/324/307/34of the Indian Penal Code.And\n\n              In the matter of : Uttam Bagdi & Ors....Petitioners\n\n              Mr. Sourav Mukherjee\n                                                 ...For the Petitioner.Mr. N. Ahmed\n              Mr. Amar Hossain\n              Ms. Ratna Ghosh\n                                                 ...For the State.It is submitted on behalf of the petitioners that there is\n                property dispute between the parties and the case and counter case\n                are pending relating to the self-same incident.The State refers to the case diary and opposes for anticipatory\n                bail.It appears from the statement of witness Aman Bagdi\n                recorded underSection 161Cr.P.C that the blow was dealt with by\n                petitioner no. 2 Pratap Bagdi.Considering the alleged direct and active involvement of\n                petitioner no. 2 is alleged crime, we are inclined to hold that his\n                custodial interrogation is required for the purpose of investigation\n                and he is not entitled to anticipatory bail. However, considering the\n                extent of complicity of the other petitioners, i.e., petitioners nos. 1,3,\n                4 and 5 in the alleged crime, we are of the view that they may be\n                granted anticipatory bail.Accordingly, we direct that in the event of arrest the\n                petitioners, namely, Uttam Bagdi, Chandana Bagdi and Ratul Bagdi\n                and Punam Bagdi shall be released on bail upon furnishing a bond of2Rs. 10000/- with two sureties of like amount each, one of whom\n must be local, to the satisfaction of the arresting officer and subject\n to the conditions as laid down underSection 438 (2)of the Code of\n Criminal Procedure, 1973.With   the   aforesaid       observation,   the   application   for\n anticipatory bail, being CRM 1420 of 2021 is, thus, disposed of.All parties shall act on the server copies of this order duly\n downloaded from the official website of this court.(Suvra Ghosh, J)                                    (Soumen Sen, J)