High CourtsDivision Bench

Rakesh Roy vs State

Calcutta High Court · Decided on 7 August 2020 · Citation: (2020) 08 CAL CK 0020

HON’BLE JUDGES
Abhijit Gangopadhyay, J · Joymalya Bagchi, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 438(2)
RESULT
Allowed
CASE NUMBER
Criminal Misc. Case (Bail Application) (CRM) No. 5294 Of 2020, Criminal Application No. 3608 Of 2020
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Judgment

14 paragraphs · 244 words

Petitioner undertakes to affirm and stamp the petition/application as per Rules within one month of resumption of normal functioning of the Court.

Subject to such undertaking, the application is taken up for hearing through video conference.

The application bearing C.R.A.N. 3608 of 2020 is disposed of. It is submitted by the leaned Counsel appearing for the petitioner that the food item

allegedly adulterated had already been seized.

Learned Counsel appearing for the State opposes the prayer for anticipatory bail.

Having considered the materials on record and bearing in mind the facts and circumstances of the case and in the light of the submission that the food

item had already been seized, we are of the opinion that custodial interrogation of the petitioner is not necessary and he may be granted anticipatory

bail.

Accordingly, we direct that in the event of arrest, the petitioner 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 condition that petitioner shall meet the investigating officer once in a week until further

orders.

The application for anticipatory bail is, thus, allowed. Learned Trial Court as well as all concerned authorities shall act in terms of the copy of the

order downloaded from the official website of this Court.