Asit Kumar Das And ORS v. State Of West Bengal

CRM No.450 of 2021 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Raghunathganj Police Station Case No.585 of dated 19.11.2020 under Sections 341/325/326/307/34 of the Indian Penal Code and Sections 3/4 of the Explosive Substances Act and Sections 25/27 of Arms Act; And In re: Asit Kumar Das @ Asit Das & Ors.

... petitioners.

26.02.21 (S.R.) Sl.15 Ct.28 Mr. Anisur Rahaman ... for the petitioners.

Mr. Tapandeb Nandy Mr. A. Basu ...for the State.

The learned advocate appearing for the petitioners submits that there was a dispute amongst the parties relating to celebration of Kali Puja. The petitioners have been falsely implicated. No overt act has been attributed to them and as such, their custodial interrogation 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 including the seizure list and the injury report. Having heard the learned advocates and considering the materials in the case diary, the nature of allegations, the injury report and the extent of complicity of the petitioners in the alleged offence, we are of the opinion that custodial interrogation of the petitioners is not warranted in the facts and circumstances of this case.

Accordingly, we direct that in the event of arrest, the petitioners, namely, Asit Kumar Das @ Asit Das, Pradip Das @ Piyush Das, Gour Chandra Das @ Gour Das, Sumitra Das @ Soumitra Das, Sujoy Das, Tirtha Das and Subhankar 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 petitioners shall meet with the investigating officer of the case once in a week on and from 2nd March, 2021, until further orders.

Accordingly, the application for anticipatory bail being CRM No.450 of 2021, is allowed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.) (Tapabrata Chakraborty, J.)