Calcutta High CourtCRM/3416/2021allowed

Dhananjoy Chowbey And ANR v. State Of West Bengal

2021-10-01Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Bivas Pattanayak2 pages

37.

01.10.2021 Ct.32 Tanmoy Allowed C.R.M. 3416 of 2021 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 16/04/2021 in connection with Adra Police Station Case No. 25 of 2021 dated 15/03/2021 under Sections 147/148/149/341/325/326/506/307 of the Indian Penal Code.

And In the matter of: - Dhananjoy Chowbey & Anr.

...petitioners.

Mr. Sabir Ahmed, Mr. Mujjibar Ali Naskar, Ms. Farah Anjum ...for the petitioners.

Mr. Saibal Bapuli, Ld. A.P.P., Mr. Arijit Ganguly, Mr. Sanjib Kumar Dan ...for the State.

The petitioners say that the incident was a fallout of political dispute between two groups. There was a free fight between the groups. Nobody has suffered serious injury. Investigation is going on. The petitioners are ready, willing and prepared to co-operate with the Investigating Officer. We have seen the material in the Case Diary including the injury report. The injury is definitely not serious. On an overall assessment of the facts and circumstances of the case and the material in the Case Diary, we are of the view that immediate custodial interrogation of the petitioners may not be necessary so long as they co-operate with the Investigating Officer.

Accordingly, in the event of arrest, the petitioners, viz., 1. Dhananjoy Chowbey, 2. Akhilesh Kumar Yadav 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.

In case the petitioners 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. 3416 of 2021 is, accordingly, disposed of.

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