Rupan Das And ORS v. State Of West Bengal

CRM No.132 of 2021 18.01.21 (S.R.) Sl.187 Ct.28 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Kakdwip Police Station Case No.91 of 2020 dated 11.06.2020 under Sections 341/323/325/307/354B/506/34 of the Indian Penal Code (G.R. Case No.703 of 2020);

And In re: Rupan Das & Ors.

... petitioners.

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

Mr. Arijit Ganguly Mr. Sanjib Kumar Dan ...for the State.

The learned advocate appearing for the petitioners submits that the petitioners have been falsely implicated in the criminal proceedings and there are no incriminating materials against them and as such, their custodial detention is not necessary.

Mr. Ganguly, learned advocate appearing for the State opposes the petitioners' prayer and draws our attention to the several documents in the case diary.

Having heard the learned advocates and considering the materials in the case diary, we find specific allegations have been levelled against the petitioner no.1 and as such we are not inclined to grant him anticipatory bail.

However, considering the nature of allegations as levelled against the petitioner nos. 2 to 7 and the extent of complicity of the said petitioners in the alleged offences, we are of the opinion that their custodial detention is not necessary.

Accordingly, we direct that in the event of arrest, the petitioner nos.2 to 7, namely, Raya Das, Gobordhan Das, Rup Das, Subal Das, Rina Das and Sukdeb Das, shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and a further condition that the petitioner nos.2 to 5 and 7 shall meet the investigating officer once in a week on and from 25th January, 2021, until further orders,. Accordingly, the application for anticipatory bail being CRM No.132 of 2021 is allowed.

(Tirthankar Ghosh, J.) (Tapabrata Chakraborty, J.)