Subhas Das And ORS v. State Of West Bengal

16-08-2021 (ct. no.32) KOLE Allowed (Via Video Conference) CRM 5004 of 2021 In re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with Jangipara Police Station Case No.

of dated 24.06.2021 under Sections 341/186/188/332/333/353/37/9/427/505/506/4 11/34 of the Indian Penal Code and Section 4 of the Public Property Prevention of Damage Act and Section 9 of the Maintenance of Public Order Act.

- A n d - In the matter of : Subhas Das & Ors.

.... Petitioners.

Mr. Sandip Chakraborty, Mr. Kaustav Das ... For the Petitioners.

Mr. Rana Mukherjee, Mr. Debjani Saha, Mr. S. Das ... For the State.

The petitioners have been charged under various provisions of the Indian Penal Code. The allegation is of destroying property and beating up police personnel. We have seen the material in the case diary. The petitioners say that they were protesting against police hooliganism. We have seen the nature of injury suffered by the victims. They are simple in nature.

Having considered the facts and circumstances of the case and the nature and gravity of the offence that the petitioners have been charged with, we are of the view that although charge sheet has not yet been submitted, the petitioners may be granted bail so long as they cooperate with the Investigating Officer.

Accordingly, we direct that the petitioners 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 Learned Additional Chief Judicial Magistrate, Serampur and on further conditions that they shall not leave the jurisdiction of the concerned police station and shall report to the Officer-in-Charge of the concerned police station once in a fortnight until further orders. The petitioners shall appear before the trial Court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever.

In the event the petitioners fail to adhere to any of the conditions stipulated above without justifiable cause, the trial court shall be at liberty to cancel the petitioners' bail in accordance with law without further reference to this court. The application for bail is, accordingly, allowed. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. ( Suvra Ghosh, J. ) ( Arijit Banerjee, J. )