Avishek Prasad v. State Of West Bengal

CRAN 1 of 2022 In CRM 2366 of 2021 10.05.2022 Sl. 76 Court No.29 Suvayan In Re: - An application for relaxation and/or withdrawing the condition of bail.

And In the matter of: Avishek Prasad alias Abhisek Prasad ....petitioner.

Mr. Debasish Roy Mr. Kaushik Chatterjee Mr. Tirthankar Dey ...for the petitioner.

Mr. Madhusudan Sur Mr. Dipankar Paramanick ...for the State.

Petitioner seeks relaxation of the condition of the anticipatory bail granted on June 8, 2021.

Learned Advocate appearing for the petitioner submits that the police filed charge-sheet and, therefore, the requirement of the petitioner not to enter into the jurisdiction of the Court except for the purpose of investigation and attending the Court proceeding and reporting to the Investigating Officer should be waived. Learned Advocate appearing for the State relies upon an instruction dated March 3, 2022. He submits that the petitioner is residing within the Ranigunge Police Station. The residence of the petitioner as described in the cause title of the application is within the jurisdiction of learned Additional Chief Judicial Magistrate, Durgapur, Paschim Bardhaman.

Therefore, the petitioner cannot be said to be residing there during the subsistence of the order granting anticipatory bail with the condition attached thereto.

Since the police filed charge-sheet, we relax the condition of the order granting anticipatory bail requiring the petitioner not to

enter into the jurisdiction of the learned Additional Chief Judicial Magistrate, Durgapur, Paschim Bardhaman and the requirement of the petitioner to report of the Investigating Officer are waived. All other conditions of the order granting anticipatory bail will remain the same.

Accordingly, the application being CRAN 1 of 2022 is disposed of.

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