Amal Payra And ORS v. State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

Criminal Miscellaneous Jurisdiction 11-01-2021 Subha Item no.106 Bail Allowed C.R.M. No. 26 of 2021 Amal Payra and ors.

-vsThe State of West Bengal (Via Video conference) In Re: An application for anticipatory bail under Section 438 CrPC apprehending arrest in connection with Frezerganj Coastal P. S. Case No.68 of 2020 dated 08-08-2020 under Section 306 of the Indian Penal Code.

Mr. Partha Sarathi Mondal ...for the petitioners.

Mr. Arijit Ganguly Mr. Avik Ghatak ... for the State. Mr. Mondal, learned advocate for the petitioners submits that the present petitioners have been falsely implicated in the instant criminal proceedings and there are no records exhibiting the nexus of the petitioners with the alleged offences. Mr. Ganguly, learned advocate for the State denies the contention of the petitioners and submits that there are incriminating materials on record.

Upon considering the materials in the case diary and the extent of complicity of the petitioners in the alleged offence, we are of the opinion that the custodial interrogation of the petitioners is not necessary.

Accordingly, in the event of arrest, the petitioners shall be released on bail, upon furnishing bond of Rs.10,000/- (Rupees ten thousand only)each with two sureties of Rs.5000/- each, one of whom must be local subject to the satisfaction of the arresting officer and subject to the conditions as laid down

under Section 438(2) of the Cr.P.C.

The petitioners shall visit the Investigating Officer of the case twice in a week on and from 15th January, 2021 until further orders.

Accordingly, the prayer for anticipatory bail of the petitioners is allowed and accordingly, application for anticipatory bail being CRM 26 of 2021 is disposed of.

[Tirthankar Ghosh, J] [Tapabrata Chakraborty, J)