Kamal Gope And ORS v. State Of West Bengal

CRM 1292 of 2021 (Through Video Conference) g.b.

25.05.2021 Court No.28 Partly Allowed In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure;

And In Re: Kamal Gope & Ors.

Petitioners Mr. Navanil De For the Petitioners Mr. Arijit Ganguly Mr. Avik Ghatak For the State Apprehending arrest in connection with Kotwali Police Station case no. 634 of 2020 dated 23.09.2020 under Sections 341/323/325/326/307/379/506/509/34 of the Indian Penal Code, the present application has been preferred. Mr. De, learned advocate appearing on behalf of the petitioners submits that the petitioners have been falsely implicated in this case. No overt act has been attributed to them and as such their custodial detention 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 including the injury report.

Having heard the learned advocates appearing for the respective parties and considering the materials in the case diary, prima facie we find that no overt act has been attributed to the petitioner nos. 1, 2, 5, 6 and 7 and in view thereof, the custodial interrogation of the said petitioners is not warranted.

Accordingly, we direct that in the event of arrest the petitioners, namely, Kamal Gope, Kiran Gope @ Putki Gope, Jitu Gope, Chabi Betal Gope @ Chabi and Bikash Gope, 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, with a further condition that the said petitioners shall meet with the Investigating Officer once a week until further order.

Prima facie, from the complaint and the statement of witnesses as recorded under Section 161 of the Code of Criminal Procedure, we find that overt acts had been attributed to the petitioner nos. 3 and 4, namely, Rameshwar Gope @ Rimpu and Maheshwar Gope @ Chatu and as such their prayer for anticipatory bail is refused.

The application for anticipatory bail, being C.R.M. 1292 of 2021 is partly allowed and 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.)