Debabanda Sharma Alias Babusona Sharma v. State Of West Bengal

24.02.2022 rrc CRM (A) 339 of 2022 (via video conference) Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure.

In the matter of : Debananda Sharma @ Babusona Sharma ..... petitioner Mr. Sumanta Das .....For the petitioner Mr. Swapan Banerjee Mr. Suman De .....For the State Apprehending arrest in connection with Kotwali Police Station Case No. 22/2021 dated 05/01/2021 under Section 387 of the Indian Penal Code, the present application has been preferred.

Having heard the learned advocates appearing for the respective parties and considering the materials in the case diary, the contents of the letter written by the petitioner on the basis of which the complaint was lodged, the nature of accusation and the possible extent of his complicity in the alleged offence, we are of the opinion that custodial interrogation of the petitioner is not necessary. Accordingly, we allow this application and direct that in the event of arrest the petitioner, namely, Debananda Sharma @ Babusona Sharma shall be released on bail upon furnishing a bond of Rs.10,000/-, 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 with a further condition that the petitioner shall meet with the investigating officer of the case once a week till investigation is complete. It is further directed that the petitioner shall not tamper with the evidence and/or intimidate the witnesses. He shall also attend learned Court below on all the dates, as specified for hearing.

In the event the petitioner fails to comply with the aforesaid directions, without any justifiable cause, the learned Court below shall be at liberty to cancel his bail, in accordance with law, without further reference to this Court.

The application for anticipatory bail, being CRM (A) 339 of 2022, is, thus, disposed of.

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