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Calcutta High CourtCRM/3012/2021allowed

Bappaditya Banerjee And ORS v. State Of West Bengal

2021-10-01Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

01.10.2021 Item no.29.

Court No.32.

AB (Allowed) (Via Video Conference) CRM No. 3012 of 2021 In Re: An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Arambagh Police Station Case No.71 of 2021 Dated 3.3.2021 under Sections 420/406/120B of the Indian Penal Code And In the matter of : Bappaditya Banerjee & Others ......Petitioners.

Mr. Surajit Basu, Mr. Amit Singh ......for the Petitioners.

Mr. Sudip Ghosh, Mr. Bitoshok Banerjee ......for the State.

Read order dated September 24, 2021.

The petitioner nos.2 and 3 say that they have reported to the Investigating Officer and are cooperating with him in the investigation.

The State produces copy of the notice under Section 41A of the Code of Criminal Procedure and from the endorsement thereon, it appears that the petitioner nos.2 and 3 are indeed cooperating with the Investigating Officer. In view of the above, we are inclined to allow the petitioners' prayer for anticipatory bail.

Accordingly, in the event of arrest, the petitioner nos.2 and 3, namely Sourindra Mohan Samanta and Sk. Saifuddin 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 case the petitioner nos.2 and 3 fail 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.3012 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. (Bivas Pattanayak, J.) (Arijit Banerjee, J.)