Bablu Jana And ORS v. State Of West Bengal

34.

13-09-2021 (ct. no.32) debajyoti CRM 1862 of 2021 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Sankrail Police Station Case No.1234 of 2020 dated 2712-2020 under Sections 341/325/354/376/511/506/ 34 of the Indian Penal Code.

- A n d - In the matter of : Bablu Jana & Ors.

.... Petitioners.

Mr. Dipanjan Chatterjee, Mr. Asit Nayek ... For the Petitioners.

Mr. S. S. Imam, Mr. Arabinda Manna ... For the State.

The petitioners say that the instant complaint is absolutely false. The petitioners were participating in a political rally which was passing through the village in question. Some of the participants in the rally hurled certain insulting words towards the defacto-complainant. This has prompted the filing of the present complaint. We have seen the material in the Case Diary. The nature of injury is simple. The complainant/victim lady has refused to undergo medical examination. Charge sheet has been submitted.

On an overall consideration of the nature and gravity of the alleged offence and the possible extent of complicity of the petitioners therein, we are of the view that immediate custodial interrogation of the petitioners is not necessary. Accordingly, in the event of arrest, the petitioners, namely, Bablu Jana, Dinesh Bar, Jhantu Malik, Piyasish Hudati, Gopal Bodak, Subhendu Gayen @ Subendu Gayen,

Paresh Mondal and Sudam Bag @ Sudhai Bag, shall be released on bail upon furnishing bonds of Rs.10,000/- (Rupees Ten Thousand) each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer. The petitioners shall abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure.

In the event the petitioners fail to adhere to any of the conditions stipulated in Section 438(2) of the Code of Criminal Procedure, the learned Court below will be at liberty to cancel the anticipatory bail without further reference to this Court.

The application for anticipatory bail being CRM 1862 of 2021 is, thus, allowed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. ( Bivas Pattanayak, J. ) ( Arijit Banerjee, J. )