← Library
Calcutta High CourtCRM/4345/2021partly allowed

Ananta Ruidas And ORS v. State Of West Bengal

2021-11-15Hon'Ble Justice Debangsu Basak,Honble Justice Ananda Kumar Mukherjee2 pages

15.11.2021 Serial no.57 S.De (Through Video Conference) Ct. No. 29 CRM 4345 of 2021 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 28.06.2021 in connection with Lokepur Police Station Case No. 29 of 2021 dated 12.04.2021 under Sections 143/448/323/325/307/354/379/427/506 of the Indian Penal Code. -AndIn the matter of : Ananta Ruidas & Others. ... Petitioners Mr. Tithapati Acharya, Advocate Mr. A. Rakib ... ... For the Petitioners Mr. Saibal Bapuli, Ld. A.P.P.

Mr. Soumik Ganguli, Advocate ... ...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 draws attention of the Court to the injury report and the statement recorded under Section 164 of the Code of Criminal Procedure.

Considering the materials in the case diary and considering the fact that the names of the petitioner no. 2 (Kanailal Gupta Chaowdhury), petitioner no. 7 (Kalosona Bagdi), petitioner no. 8 (Kashi Ruidas @ Kashinath Ruidas), petitioner no. 9 (Sanjoy Ruidas), petitioner no.10 (Anoar Khan) and petitioner no.12 (Insan Khan) transpire from the statement recorded under Section 164 of the Code of Criminal Procedure and considering their nature of involvement in the incident, we are unable to grant anticipatory bail to such petitioners. In so far as petitioner no. 1 (Ananta Ruidas), petitioner no.3 (Suishil Bauri), petitioner no. 4 (Swapan Badyakar), petitioner no.5 (Shyam Chand Badyakar), petitioner no.6 (Pradip Ruidas), petitioner no. 11(Israf Ali Khan), petitioner no.13 (Balaram Ruidas), petitioner no.14 (Santosh Ruidas), petitioner no.

15 (Dhanapati Ruidas), petitioner no.16 (Haru Ruidas), petitioner no.17 (Harisadhan Dom), petitioner no.18 (Santosh Dom), petitioner no.19 (Kanai Dom), petitioner no.20 (Ratan Pal), petitioner no.21 (Sandip Ghosh), petitioner no.22 (Tapan Ghosh), petitioner no.23 (Uttam Ghosh), petitioner no. 24 (Jibon Pal), petitioner no.25 (Hari Bagdi @ Sukumar), petitioner no. 26 (Lakhikanta Ghosh), petitioner no.27 (Uttam Pal), petitioner no.28 (Pravat Pal) are concerned, we grant anticipatory bail to them.

Accordingly, we direct that in the event of arrest, the petitioner nos. 1, 3, 4, 5, 6, 11 and 13 to 28 shall be released on anticipatory 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 with a further condition that the petitioners shall meet the investigating officer once in a month and on further condition that the petitioners shall appear before the Court below and pray for regular bail within four weeks from date.

The prayer for anticipatory bail is allowed partly. CRM 4345 of 2021 is disposed of.

(Debangsu Basak, J.) (Ananda Kumar Mukherjee, J.)