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Calcutta High CourtCRM (DB)/1197/2022dismissed

Ajay Singh @ Ajoy Singh v. State Of West Bengal

2022-05-05Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De4 pages

05.05.2022 Serial no. 72, 73, 74, 75 & 76 Aloke Ct. No. 29 CRM (DB) 1197 of 2022 In re: An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Bagnan P.S. Case No. 285 of 2021 dated 09.06.2021 under Sections 379/511/427 of the Indian Penal Code read with Sections 15/16 of the Petroleum & Minerals Pipelines (Acquisition of Rights of User in Land) Act, 1962 and Section 3/4 of the Explosive Substances Act and Section 3/4 of the Prevention of Damage to Public Property Act.

-AndIn the matter of: Ajay Singh @ Ajoy Singh ... Petitioner WITH CRM (DB) 1198 of 2022 In re: An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Bagnan P.S. Case No. 261 of 2021 dated 18.05.2021 under Sections 379/511/427 of the Indian Penal Code read with Sections 15/16 of the Petroleum & Minerals Pipelines (Acquisition of Rights of User in Land) Act, 1962 and Section 3/4 of the Explosive Substances Act and Section 3/4 of the Prevention of Damage to Public Property Act.

-AndIn the matter of: Ajay Singh @ Ajoy Singh ... Petitioner WITH CRM (DB) 1200 of 2022 In re: An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Bagnan P.S. Case No. 295 of 2021 dated 15.06.2021 under Sections 379/427 of the Indian Penal Code adding Section read with Sections 15/16 of the Petroleum & Minerals Pipelines (Acquisition of Rights of User in Land) Act, 1962 and Section 3/4 of the Explosive Substances Act and Section 3/4 of the Prevention of Damage to Public Property Act.

-And-

In the matter of: Ajay Singh @ Ajoy Singh ... Petitioner WITH CRM (DB) 1202 of 2022 In re: An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Bagnan P.S. Case No.11 of 2021 dated 09.01.2021 under Sections 379/427 of the Indian Penal Code read with Sections 15/16 of the Petroleum & Minerals Pipelines (Acquisition of Rights of User in Land) Act, 1962 and Section 3/4 of the Explosive Substances Act and Section 3/4 of the Prevention of Damage to Public Property Act. -AndIn the matter of: Ajay Singh @ Ajoy Singh ... Petitioner WITH CRM (DB) 1203 of 2022 In re: An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Bagnan P.S. Case No.430 of 2020 dated 12.12.2020 under Sections 379/411/427 of the Indian Penal Code read with Sections 15/16 of the Petroleum & Minerals Pipelines (Acquisition of Rights of User in Land) Act, 1962 and Section 3/4 of the Explosive Substances Act and Section 3/4 of the Prevention of Damage to Public Property Act.

-AndIn the matter of: Ajay Singh @ Ajoy Singh ... Petitioner Mr. Ayan Basu, Advocate Mr. Debakinandan Maiti, Advocate Mr. Sumit Routh, Advocate Mr. Sourav Bera, Advocate ... ... For the Petitioner

Mr. Sandipan Ganguly, Sr. Advocate Mr. Anirban Dutta, Advocate Ms. Sharmistha Ghosh, Advocate Mr. Victor Chatterjee, Advocate ... For the De facto complainant Mr. Sudip Ghosh, Advocate Mr. Bitasok Banerjee, Advocate ... ...For the State CRM (DB) 1197 of 2022 Mr. Ranabir Roy Chowdhury, Advocate Mr. Sandip Chakraborty, Advocate ... ...For the State CRM (DB) 1198 of 2022 Mr. Swapan Banerjee, Advocate Ms. Purnima Ghosh, Advocate ........ For the State CRM (DB) 1200 of 2022 Mr. Rudradipta Nandy, Advocate ... ...For the State CRM (DB) 1202 of 2022 Mr. Saibal Bapuli, Ld. APP Mr. Arijit Ganguly, Advocate Ms. Arani Bhattacharyya, Advocate ... ...For the State CRM (DB) 1203 of 2022 Five applications for bail are taken up for analogous hearing as they are at the instance of the same petitioner. The petitioner is in custody in all of the five police cases.

It is contended on behalf of the petitioner that the petitioner was falsely implicated. No recovery was made from the possession of the petitioner. The alleged recoveries are shown to be at a place which are public place such as National Highway. The alleged seizures were not witnessed by any independent person. The petitioner was falsely implicated in all the police cases.

Learned Advocate appearing for the State submits that the petitioner is a part of the racket involving extraction of petroleum products from the pipelines of oil companies. He refers to the materials in the case diary. He submits that apparatus used for the purpose of puncturing the oil pipeline

and extracting petroleum products therefrom were seized from the possession of the petitioner.

Learned advocate appearing for the de facto complainant submits that by reason of the criminal activities of the petitioner, the oil companies suffered losses. There are materials in the case diaries of the respective cases implicating the petitioner in the offences alleged. Considering the gravity of the offence and the involvement of the petitioner therein as transpiring from the materials in the case diary, we are unable to grant bail to the petitioner.

CRM (DB) 1197 of 2022, CRM (DB) 1198 of 2022,CRM (DB) 1200 of 2022, CRM (DB) 1202 of 2022 and CRM (DB) 1203 of 2022 are rejected.

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