Swapan Santra And ORS v. State Of West Bengal

53.

11.08.2021 Ct.32 SB C.R.M. 2588 of 2021 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 10.03.2021 in connection with Santipur Police Station Case No. 6/2021 dated 03.01.2021 under Sections 341/325/326/423/34 of the Indian Penal code.

And In the matter of: - Swapan Santra & Ors.

Mr. A. Chakraborty Mr. S.S. Saha ...for the petitioners.

Mr. Tanmoy Kr. Ghosh Mr. Arabinda Manna ...for the State The allegation is that the petitioners destroyed the crop on the agricultural land of the complainants and assaulted them.

We have seen the material in the case diary including the injury report. No major injury has been suffered by any of the victims.

Having considered the nature and gravity of the allegations and material on record, even though charge sheet has not yet been submitted, we are of the view that immediate custodial interrogation of the petitioners may not be necessary and they may be granted anticipatory bail so long as they cooperate with the Investigating Officer.

Accordingly, in the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer and shall abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure until further orders.

In the event of the petitioners failing 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 reference to this Court. The application for anticipatory bail being C.R.M. 2588 of 2021 is, accordingly, allowed.

All parties shall act in terms of server copy of this order downloaded from the official website of this Court. (Suvra Ghosh, J.) (Arijit Banerjee, J.)