Gayaram Paul And ORS v. State Of West Bengal

18.01.2021 Item No.201 Ct.No.28 s.d.

Allowed C.R.M. 179 of 2021 (Via Video Conference) In Re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure.

And In the matter of : Gayaram Paul and ors. ... Petitioners. Mr. Amitabha Karmakar Mr. Arup Kumar Bhowmick ... For the Petitioners.

Mr. Prasun Kumar Datta, APP Mr. Santanu Deb Roy ... For the State. Apprehending arrest in connection with Daspur Police Station Case No. 510 of 2020 dated 12-12-2020 under Sections 341/323/324/307/354B/506/34 of the Indian Penal Code, the present application has been filed. Mr. Karmakar, learned advocate appearing for the petitioners submits that there is an existing property dispute amongst the parties and the petitioners have been falsely implicated. In view thereof, custodial detention of the petitioners is not necessary.

Learned advocate for the State opposes the petitioner's prayer.

Having heard the learned advocates and considering the materials in the case diary, the nature of allegations and

the injury report, we are of the opinion that custodial detention of the petitioners is not necessary. Accordingly, we allow the application for anticipatory bail and direct that in the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only) 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 3 shall meet with the Investigating Officer of the case once a week on and from 25th January, 2021 until further orders.

The application for anticipatory bail, being CRM 179 of 2021 is, thus, disposed of.

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