Snehasis Giri And ORS v. State Of West Bengal

CRM No.136 of 2021 18.01.21 (S.R.) Sl.188 Ct.28 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Namkhana Police Station Case No.54 of 2020 dated 26.05.2020 under Sections 448/427/379/353/188/120B of the Indian Penal Code (G.R. Case No.642 of 2020);

And In re: Snehasis Giri & Ors.

... petitioners.

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

Mr. Saibal Bapuli, APP Mr. A. Bhattacharyya ...for the State.

The learned advocate appearing for the petitioners submits that the petitioners have been falsely implicated in the criminal proceedings and there is no material disclosing the involvement of the petitioners in the alleged offences and as such, custodial detention of the petitioners is not necessary.

The Learned advocate appearing for the State opposes the petitioners' prayer and draws our attention to several documents in the case diary.

Having heard the learned advocates and considering the materials in the case diary and the nature of allegations, we are of the opinion that custodial detention of the petitioners is not warranted. Accordingly, we direct that in the event of arrest, the petitioners, namely, Snehasis Giri, Bharat Das, Bimal Mondal, Biswanath Maity, Sujit Barik, Raghunath Bera, Rikta Paul and Laxmi Maity, 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.1 to 6 shall meet the investigating officer once in a week and from 25th January, 2021, until further orders.

Accordingly, the application for anticipatory bail being CRM No.136 of 2021 is allowed.

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