Arindam Koley And ORS v. State Of West Bengal

24.11.2021 Court No.32 rpan / 121 CRM No. 1683 of 2021 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure;

And In Re: Arindam Koley & Others - Petitioners.

Mr. Abhijit Kumar Adhya (through v.c.) ...For the Petitioners.

Mr. P. K. Dutta, Mr. Santanu Deb Roy ...For the State Apprehending arrest in connection with Amta Police Station Case No. 327 of 2020 dated 10.11.2020 under Sections 341/323/354B/376(1)/506/34 of the Indian Penal Code, the petitioners have filed the present application. Heard the learned advocate appearing for the petitioners and the learned advocate appearing for the State. We have perused the statement of the victim, recorded under Section 164 of the Code of Criminal Procedure along with medical reports of the victim, which are not corroborating with each other. There are doubtful incriminating elements in the case diary, as appear to us. We also notice some discrepancies in the materials available.

On perusal of the case diary and other materials on record, we are inclined to allow the present application for anticipatory bail and direct that in the event of arrest, the petitioners, namely, Arindam Koley, Mira Koley, Budo @ Subir Koley and Raj Kumar Santra shall be released on bail upon furnishing two

registered sureties each of `10,000/- for each of the petitioenrs, to the satisfaction of the Arresting Officer and also 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. 1683 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. (Sugato Majumdar, J.) (Tapabrata Chakraborty, J.)