Calcutta High CourtCRM/2727/2021allowed

Abvijit Roy@Laltu v. State Of West Bengal

2021-08-18Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Suvra Ghosh2 pages

18.08.2021 Item no.47.

Court No.32.

AB (Allowed) (Via Video Conference) CRM No. 2727 of 2021 In Re: An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure filed on 15.03.2021 in connection with Dhantala Police Station Case No.5 of 2020 Dated 4.1.2020 under Sections 147/148/149/186/188/353 427/435/436 of the Indian Penal Code And In the matter of : Abvejit Roy @ Laltu ......Petitioner.

Ms. Minoti Gomes ......for the Petitioner.

Mr. Sudip Ghosh, Mr. Bitosok Banerjee, Mr. A. K. Dutta ......for the State.

The petitioner seeks parity with co-accused persons, who have been granted anticipatory bail by Coordinate Benches of this Court.

The State opposes the prayer for anticipatory bail. We have considered the material in the case diary. It appears that co-accused persons similarly circumstanced with the petitioner have been granted anticipatory bail earlier by Coordinate Benches of this Court.

In view of the same and having considered the material in the case diary including the nature of allegations against the petitioner, we are inclined to hold that immediate custodial

interrogation of the petitioner may not be necessary so long as he cooperates with the Investigating Officer. Accordingly, in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/-, 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 case the petitioner fails to adhere to any of the conditions mentioned in Section 438(2) of the Code, the learned Court below shall be entitled to cancel the anticipatory bail without further reference to this Court.

The application for anticipatory bail being C.R.M. No.2727 of 2021 is, thus, allowed.

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