Calcutta High CourtCRM (A)/257/2023partly allowed

Susanta Samanta@Laltu Samanta And ORS v. State Of West Bengal

2023-01-19Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

19.01.2023 Serial no. 17 [Dd] (Anticipatory Bail) (Partly Allowed) CRM (A) 257 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Tamluk Police Station Case No. 919 of 2021 dated 10.11.2021 under Sections 363/365/366/368 of the Indian Penal Code. -AndIn the matter of :Susanta Samanta @ Laltu Samanta & Ors. ... ... Petitioners Mr. Amitava Karmakar, Mr. Arup Kr. Bhowmick, Advocates ... ... For the Petitioners Mr. Tanmoy Kr. Ghosh, ld. SGA Ms. Sonali Bhar, Advocates ... ...For the State The victim is a minor. She implicates the first petitioner in her abduction.

Police filed charge sheet.

Considering the gravity of the offence and the involvement of the first petitioner therein, we are not inclined to grant anticipatory bail to the first petitioner (Susanta Samanta @ Laltu Samanta) So far as the other petitioners (i.e. petitioner no. 2, Abanti Samanta @ Shrabanti Samanta and petitioner no. 3, Rabindranath Samanta) are concerned, we grant them anticipatory bail.

Accordingly, we direct that in the event of arrest the petitioner no. 2, Abanti Samanta @ Shrabanti Samanta and petitioner no. 3, Rabindranath Samanta 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, to the

satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner no. 2, Abanti Samanta @ Shrabanti Samanta and petitioner no. 3, Rabindranath Samanta shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner no. 2, Abanti Samanta @ Shrabanti Samanta and petitioner no. 3., Rabindranath Samanta in Court including cancelling the anticipatory bail granted without further reference to this Court.

Prayer for anticipatory bail of the petitioners is partly allowed.

CRM (A) 257 of 2023 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)