Bishu Bairagya @ Biswajit Das Bairagya And ORS v. State Of West Bengal

CRM No.241 of 2021 20.01.21 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Tehatta Police Station Case No.246 of 2020 dated 25.06.2020 under Sections 449/323/326/307/354/34 of the Indian Penal Code; (S.R.) Sl.213 Ct.28 And In re: Bishu Bairagya @ Biswajit Das Bairagya & Ors. ... petitioners.

Mr. Arindam Jana Mr. Asraf Mondal ... for the petitioners.

Mr. Narayan Prasad Agarwala Ms. Subhasree Patel ...for the State.

Mr. Jana, learned advocate appearing for the petitioners submits that the petitioners have been falsely implicated and in view of the nature of allegations, custodial detention of the petitioners is not necessary. Mr. Agarwala, 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, the injury reports, we are of the opinion that custodial detention of the petitioners is not necessary. Accordingly, we direct that in the event of arrest, the petitioners, namely, Bishu Bairagya @ Biswajit Das Bairagya, Kalipada Ghosh, Sushanta Ghosh and Ananta Ghosh @ Anup ghosh, 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. Accordingly, the application for anticipatory bail being CRM No.241 of 2021, is allowed.

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