Biswajit Sasmal And ANR. v. State Of West Bengal

23.04.2024 Item No.29 Ct. No. 29 CHC Allowed C.R.M.(A) 1421 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Nandakumar Police Station Case No. 76 of 2024 dated 27.02.2024 under Section 302 of the Indian Penal Code, pending before the learned Chief Judicial Magistrate, Tamluk, Purba Medinipur.

And In the matter of : Biswajit Sasmal & anr.

...... petitioners Mr. Sabir Ahmed, Ms. Suman Biswas ....for the petitioners Ms. Anasuya Sinha, Ld. A.P.P.

Ms. Snigdha Saha ....for the State Petitioners pray for anticipatory bail.

Coordinate Bench granted anticipatory bail to the coaccused on April 3, 2024 passed in C.R.M.(A) 1097 of 2024 on the ground that, the victim apparently committed suicide. Considering such finding of the co-ordinate Bench with regard to the other co-accused and considering the materials in the Case Diary, we are of the view that, the petitioners before us stand on the same footing if not better than the other coaccuseds who were enlarged on anticipatory bail by the coordinate Bench. Signed By :

CHINMOY CHAKRABORTY High Court of Calcutta 23 rd of April 2024 05:23:07 PM

In such circumstances, we extend the same facility to the petitioners.

Accordingly, we direct that in the event of arrest the petitioner 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 also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioners will report before the Investigating Officer once in a week till the conclusion of investigation and on condition that the petitioners shall appear on every date 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.

This application for anticipatory bail is, thus, allowed. CRM(A) 1421 of 2024 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)