Calcutta High CourtCRM/624/2021allowed

Babli Das And ANR v. State Of West Bengal

2021-05-24Hon'Ble Justice Tapabrata Chakraborty,Hon'Ble Justice Bibek Chaudhuri2 pages

24.05.2021 Court No.28 Item No. 05 Krishnendu Allowed CRM 624 of 2021 (Via video Conference) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure;

And In Re : Bablu Das & Anr.

Petitioners Mr. Dipankar Aditya Ms. Tina Biswas For the Petitioners Mr. Subrata Roy For the State Apprehending arrest in connection with Rajapur P.S. Case No.

of dated 03.12.2020 under sections 341/323/325/354B/379/506/34 of the Indian Penal Code, the petitioners have filed the present application. Mr. Aditya, learned advocate appearing for the petitioners submits that the petitioners have been falsely implicated. There is no incriminating material against the petitioners and in view thereof, custodial interrogation is not necessary. The learned advocate appearing for the State opposes the petitioners' prayer for anticipatory bail and draws our attention to several documents in the case diary.

Having heard the learned advocates appearing for the respective parties 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 the case. As such, the prayer for anticipatory bail of the petitioners is allowed.

Accordingly, we direct that in the event of arrest the petitioners, namely, Bablu Das and Prahlad Paladhi, 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.

The application for anticipatory bail, being CRM No. 624 of 2021 is, thus, disposed of.

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