Buddhadeb Das And ORS. v. State Of West Bengal

52.

24-09-2021 (ct. no.32) debajyoti CRM 3065 of 2021 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Singur Police Station Case No.09 of 2021 dated 12-012021 under Sections 447/427/323/325/326/307/ 354/354B/379/504/506 of the Indian Penal Code. - A n d - In the matter of : Buddhadeb Das & Ors.

.... Petitioners.

Mr. Ujjal Ray ... For the Petitioners.

Mr. S. S. Imam, Mr. S. Kundu ... For the State.

The petitioners are eight out of several accused persons. The allegation is that the petitioners along with other accused persons went to throw the defacto complainant out of a property. There was altercation. The victim suffered injury.

We have seen the material in the Case Diary including the statement of the injured victim person. We have seen the statements of other witnesses also. The names of the petitioners do not transpire in any such statement. Only in the FIR, the petitioners have been named. Charge Sheet has been submitted.

On an overall assessment of the material on record and considering the possible extent of complicity of the petitioners in the alleged offence, we are of the view that immediate custodial interrogation of the petitioners is not necessary.

Accordingly, in the event of arrest, the petitioners, namely, Buddhadeb Das, Rahul Das, Sanatan Bag, Kunal

De, Kausik De, Pradip Kumar De, Rabin Dey @ Rabi Dey and Tarun Patra, shall be released on bail upon furnishing bonds of Rs.10,000/- (Rupees Ten Thousand) each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer. The petitioners shall abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure.

In the event the petitioners fail 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 further reference to this Court.

The application for anticipatory bail being CRM 3065 of 2021 is, thus, allowed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. ( Bivas Pattanayak, J. ) ( Arijit Banerjee, J. )