Doi Saha @Shanti Saha And Others v. State Of West Bengal

16.04.2021 Court No.28 Item No. 254 Krishnendu ALLOWED C.R.M. 891 of 2021 (Via video Conference) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed in connection with Chanchal Police Station Case No. 995 of 2020 dated 03.11.2020 under sections 341/323/325/307/34 of the Indian Penal Code ; And In re: Doi Saha @ Shanti Saha & Ors.

......Petitioners Mr. Soupal Chatterjee .....For the Petitioners Mr. Prasun Kumar Dutta Mr. Santanu Deb Roy .......For the State The learned Counsel appearing for the petitioners submits that due to long-standing civil dispute between the parties, the petitioners have been falsely implicated. The learned Counsel appearing for the State, however, opposes the prayer for anticipatory bail of the petitioners. Considering the materials made available in the case diary and the injury report on record and considering the nature and extent of complicity of the petitioners in the commission of the alleged offence, we are of the opinion that the custodial interrogation of the petitioners is not required in this case.

Accordingly, we allow this application and direct that in the event of arrest the petitioners, namely, Doi Saha @ Shanti Saha, Raja Saha, Akash Saha, Anish Saha, Arjun Saha and Pandeb Sah, 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 with a further condition that the petitioner nos. 1 to 5 shall meet with the Investigating Officer of this case once in a week until further orders.

The application for anticipatory bail, being CRM No. 891 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. (Tirthankar Ghosh, J.) (Soumen Sen, J.)