Calcutta High CourtCRM (A)/1186/2022partly allowed

Chabi Dhara And ORS v. State Of West Bengal

2022-03-11Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

C.R.M. (A) 1186 of 2022 (AD) 11.03.2022 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Ghatal (Paschim Medinipur) P.S.

Case No.21 of dated 16/01/2022 under Sections 341/323/325/307/354/354B/34 of the Indian Penal Code.

And Court No.29 (Partly Allowed) In the matter of: Chabi Dhara & Ors.

....petitioners.

Mr. Abhijit Basu Mr. Arghya Kamal Das ...for the petitioners.

Mr. Bidyut Kumar Roy Ms. Rita Datta ...for the State.

Petitioners seek anticipatory bail.

Learned Advocate appearing for the petitioners submits that the petitioners were falsely implicated. Learned Advocate appearing for the State draws the attention of the Court to the injury report and to the statement recorded under Section 161 of the Code of Criminal Procedure. Considering the fact that there are materials as against the petitioner no.6, we are unable to grant anticipatory bail to the petitioner no.6, namely, Lakshman Bardolui alias Lakshman Chandra Bardolui.

Accordingly, the prayer for anticipatory bail of the petitioner no.6 is rejected.

So far as the other petitioners, that is, petitioner nos.1 to 5, namely, Chabi Dhara, Sampa Pramanik alias Jhuma Pramanik, Sikha Bardolui alias Rabi Bardolui, Surya Bardolui alias Akshyay Bardolui and Gopinath Bardolui alias Gopi

Bardolui, are concerned, given the nature of allegations against them, we grant them anticipatory bail.

Accordingly, we direct that in the event of arrest, the petitioner nos.1 to 5 shall be released on bail upon furnishing a Bond of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of like amount each 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 and on further condition that the petitioner nos.4 and 5 shall meet the Investigating Officer once a month till the conclusion of the investigation and petitioner nos.1, 2 and 3 will cooperate with the investigation and that the petitioner nos.1 to 5 shall appear before the jurisdictional Court and pray for regular bail within four weeks from date.

The prayer for anticipatory bail of the petitioner nos.1 to 5 is allowed.

C.R.M. (A) 1186 of 2022 is disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)