Barun Das And ORS v. State Of West Bengal

20.06.2022 Serial no. 3 Aloke CRM (A) 2596 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Jhargram Police Station Case No. 142 of 2022 dated 08.05.2022 under Sections 447/323/325/326/307/506/34 of the Indian Penal Code.

-AndIn the matter of : Barun Das & Ors.

... ... Petitioners Mr. Soumyajit Das Mahapatra, Advocate ... ... For the Petitioners Mr. Joydeep Roy, Advocate Ms. Sujata Das, Advocate ... ...For the State Petitioners seek anticipatory bail.

Learned advocate appearing for the petitioners submits that there was a political dispute. There were few incidents of assault where some of the petitioners received injuries. He refers to the injury report of petitioner no. 3. Learned Advocate appearing for the State draws the attention of the Court to the injury report of one of the victims. He refers to the statement recorded under Section 161 of the Code of Criminal Procedure and submits that the petitioners are named in such statement.

The Court is informed that there is a counter case also. Apparently there was free fight on a political dispute. Considering the nature of the injuries of the victim in the present police case and considering the involvement of the petitioners, we are inclined to grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest the petitioners 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 shall report before the Investigating Officer once in a fortnight till the conclusion of the investigation and on further 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.

Prayer for anticipatory bail of the petitioners is allowed. CRM (A) 2596 of 2022 is disposed of.

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