Tuni Singh And ANR v. State Of West Bengal

CRM 1277 of 2021 19.5.2021 Court No.28 Item No. 39 (Through Video Conference) s.bhar In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Nayagram Police Station Case No.

of dated 06.06.2019 under Sections 147/148/149/152/353/332/333/307 of the Indian Penal Code & 3 of the Prevention of Damage to Public Property Act, 1984 & 9 of the West Bengal Maintenance of Public Order Act, 1972. And In the matter of : Tuni Singh & Anr.

...Petitioners

Mr. Soumyajit Das Mahapatra ...For the Petitioner.

Mr. Prodipto Ganguly ...For the State.

It is submitted on behalf of the petitioners that they are female members of the family and have been falsely implicated due to political rivalry.

The State has produced the injury report which reveals that the petitioners are not named as alleged assailant by the victim. Having considered the materials on record including the injury report, we are inclined to hold that custodial interrogation of the petitioners may not be required and they may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest the petitioners (i.e. Tuni Singh and Jhup Bautial) shall be released on bail upon furnishing a bond of Rs. 10000/- 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 the aforesaid observation, the application for anticipatory bail, being CRM 1277 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. (Suvra Ghosh, J) (Soumen Sen, J)