Partha Das ORS v. State Of West Bengal

78.

16.11.2021 Ct.29 Tanmoy C.R.M. 5022 of 2021 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 28/07/2021 in connection with Suri Police Station Case No. 173 of 2021 dated 08/05/2021 under Sections 147/148/149/447/448/427/323/324/379/354/506/307 of the Indian Penal Code.

And In the matter of: - Partha Das & Ors.

...petitioners.

Mr. Tirthapati Acharyya ...for the petitioners.

Mr. Prasun Kumar Dutta, Ld. A.P.P., Mr. Santanu Deb Roy ...for the State.

The petitioners seek anticipatory bail.

On the prayer of the learned Advocate for the petitioners, the petition is dismissed as not pressed on behalf of the petitioners no. 10, namely, Bacchan Bagdi @ Somnath Bagdi and 11, namely, Tapash Bagdi.

Learned Advocate appearing for the petitioners submits that the petitioners were falsely implicated due to political rivalry.

Learned Advocate for the State draws attention of the Court to the contents in the case diary.

Considering the gravity of the offences and the materials in the case diary we grant anticipatory bail to the petitioners no. 1 to 9 and 12 to 17.

Accordingly, we direct that in the event of arrest, the petitioner nos. 1 to 9 and 12 to 17 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 on the conditions that the petitioners no. 1 to 9, namely, Partha Das, Tirtha Das, Supravat Das @ Pravat Das, Ashok Das @ Ashok Ranjan Das, Ashim Das @ Ashim Ranjan Das, Meghdut Das, Rajib Bagdi, Motilal Bagdi, Kalo Bagdi @ Samit and petitioner no.12, namely, Amit Bagdi, petitioner no.13, namely, Sanjib Das @ Sanjib Kumar Das and petitioner no. 16, namely Akhoy Bagdi will report to the Investigating Officer once a month till the conclusion of investigation and on the conditions that the petitioner nos. 14, namely, Supriya Bagdi, petitioner no.

15, namely, Buli Bagdi and petitioner no.17, namely, Rebati Bagdi @ Parvoti Bagdi will co-operate with the investigation and the petitioner nos. 1 to 9, 12 to 17 shall abide by the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973. In case the petitioners no. 1 to 9 and 12 to 17 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 being C.R.M.

of is, accordingly, disposed of.

All parties shall act in terms of server copy of this order downloaded from the official website of this Court. (Debangsu Basak, J.) (Ananda Kumar Mukherjee, J.)