Calcutta High CourtCRM/6257/2020disposed

Rhitushish Sarkar @ Babusona v. State Of West Bengal

2020-09-08Hon'Ble Justice Joymalya Bagchi (27.06.2011 - 29.08.2020),Hon'Ble Justice Suvra Ghosh2 pages

08.09.2020.

Item No. 73 ap (Allowed) C.R.M. 6257 of 2020 With CRAN 1 of 2020 [Old No. CRAN 4769 of 2020] (via video conference) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 24.08.2020 in connection with Kotwali Police Station Case No. 483 of 2020 dated 14.07.2020 under Sections 379/411/413/414/188 of the Indian Penal Code and Section 7(i)(a)(ii) of the E.C. Act and Section 51 (b) of the Disaster Management Act, 2005. And In the matter of: Rhitushish Sarkar @ Babusona. ...Petitioner Mr. Bitasok Banerjee, Mr. Amanul Islam.

...For the petitioner Mr. Imran Ali, Mrs. Manashi Roy.

....For the State Petitioner undertakes to affirm and stamp the petition/application as per Rules within a month of resumption of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing through video conference.

Accordingly, the application, being CRAN 1 of 2020 (Old No. CRAN 4769 of 2020), is disposed of.

Having considered the materials on record and bearing in mind the nature of the allegations in the light of the submission that stolen articles have already been seized, we are of the opinion that custodial interrogation of the petitioner may not be necessary in facts of the present case. Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing bond of Rs.10,000/-, 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 further condition that the petitioner shall meet the Investigating Officer of the case once in a week and shall co-operate with the investigation, until further orders.

The application for anticipatory bail is, thus, disposed of. All concerned parties shall act in terms of the copy of the order downloaded from the official website of this Court. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)