Calcutta High CourtCRM (A)/2069/2022partly allowed

Laxmi Kanta Rana And ORS v. State Of West Bengal

2022-05-10Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

CRM (A) 2069 of 2022 10.05.2022 Sl. 10 Court No.29 suvayan (Partly Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Anandapur P.S. Case No. 34/2022 dated 16/02/2022 under Sections 341/323/325/307/379/34 of the Indian Penal Code. And In the matter of: Laxmi Kanta Rana & Ors.

....petitioners.

Mr. Soumyajit Das Mahapatra ...for the petitioners.

Mr. Shiladitya Banerjee ...for the State.

Petitioners seek anticipatory bail.

Learned Advocate appearing for the petitioners submits that the petitioners were falsely implicated.

Learned Advocate appearing for the State submits that there are substantive allegations against the petitioner no.1. He refers to the materials in the case diary.

Considering the materials in the case diary as against the petitioner no.1, we are unable to grant anticipatory bail to the petitioner no.1 (Laxmi Kanta Rana).

So far as the other petitioners are concerned, we grant anticipatory bail to them.

Accordingly, we direct that in the event of arrest, petitioner no.2 (Rajib Maity), petitioner no.3 (Subho Rana), petitioner no.4 (Tapan Pal) and petitioner no.5 (Tirtha Rana) shall be released on bail upon furnishing a Bond of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of like amount each, to the satisfaction of the Arresting Officer and subject to the conditions as laid down under Section 438(2) of the Code of

Criminal Procedure, 1973 and on condition that the petitioners will report before the Investigating Officer once in a fortnight till the conclusion of the investigation and on condition that the petitioners shall appear every day before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court.

Accordingly, the prayer for anticipatory bail of the petitioner no.2 (Rajib Maity), petitioner no.3 (Subho Rana), petitioner no.4 (Tapan Pal) and petitioner no.5 (Tirtha Rana) is allowed. CRM (A) 2069 of 2022 is, thus disposed of.

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