Anish Ranjan Maji v. State Of West Bengal

28.07.2021 Item no.45.

Court No.32.

AB (Rejected) (Via Video Conference) CRM No. 1778 of 2021 In Re: An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure filed on 11.02.2021 in connection with Pursurah Police Station Case No.127 of 2018 Dated 10.10.2018 under Sections 326/307/120B/34 of the Indian Penal Code read with Sections 25 /27 of the Arms Act And In the matter of : Anish Ranjan Maji ......Petitioner.

Mr. Sandip Kr. Bhattacharya, Ms. Debanwita Pramanik ......for the Petitioner.

Mr. Swapan Kr. Banerjee, Mr. Suman De ......for the State.

The petitioner is one of the several persons named in the first information report. The petitioner says that this is a politically motivated case. He was the Sabhapati of the Pursurah Panchayat Samity. Charge sheet has been submitted. There is no reason to take the petitioner into custody for interrogation. It is further submitted that the other accused persons have been enlarged on bail by the Court below after having been arrested. Learned Counsel for the State submits that there are implicating materials against the petitioner. Anticipatory bail

should not be granted. He, however, admits that charge sheet has been filed.

We have considered the material in the case diary and the facts and circumstances of the case. In view of the nature and gravity of the charges, we are of the opinion that the petitioner should obtain regular bail from the appropriate Court. We are not inclined to allow this application. However, the petitioner shall not be arrested for a period of one month from date in the event he surrenders before the appropriate Court within a week from date. The bail application, if filed, shall be decided by the Court below in accordance with law being uninfluenced by any observation made in this order. The prayer for anticipatory bail stands rejected. The application for anticipatory bail being C.R.M. No.1778 of 2021 is, thus, disposed of.

All parties including the Court below shall act in terms of server copy of the order downloaded from the official website of this Court.

(Suvra Ghosh, J.) (Arijit Banerjee, J.)