Sasti Das And ANR v. State Of West Bengal

08.03.2022 Item no. 36 Court No.32 Avijit Mitra C.R.M. (A) 579 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure;

And In Re : Sasti Das @ Dip Das & anr.

.... petitioners Ms. Jeenia Rudra ...for the petitioners Mr. Arijit Ganguly, Mr. Sanjib Kumar Dan ....for the State Apprehending arrest in connection with Harirampur Police Station Case No.135 of 2021 dated 08.07.2021 under Sections 341/326/307/379/506/34 of the Indian Penal Code, the present application has been preferred.

On the prayer of Ms. Rudra, learned advocate appearing for the petitioners, the present application so far as the petitioner no.2 is concerned, is dismissed as 'not pressed'. Heard the learned advocates appearing for the respective parties.

Considering the materials in the case diary including the statement of the witnesses, the injury report and bearing in mind the nature of accusations in the light of the submissions made by the respective parties and in view of the fact that upon completion of investigation chargesheet has been submitted, we are of the opinion that custodial interrogation of the petitioner no.1 is not necessary.

Accordingly, we direct that in the event of arrest, the petitioner no.1 namely, Sasti Das @ Dip Das, 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

The petitioner no. l shall attend the learned Trial Court on all the dates as specified for hearing.

The petitioner no.1 shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever. It is made clear that in the event the petitioner no.1 fails to comply with the aforesaid directions without any justifiable cause, the learned trial court would be at liberty to cancel the bail of the petitioner no.1 without any further reference to this Court.

Accordingly, the application for anticipatory bail being C.R.M.(A) 579 of 2022 is 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.)