Swapan Kundu v. State Of West Bengal

C.R.M. (A) 2547 of 2023 26.07.2023 SL. 10 Court No. 29 Suvayan (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Ghola P.S. Case No. 185 of 2016 dated 26.04.2016 under Sections 448/427/354/376/511/379/506/325/34 of the IPC corresponding to G.R. Case No. 4134 of 2016 pending before the learned ACJM, Barrackpore, North 24 Parganas. And In the matter of: Swapan Kundu ....petitioner.

Ms. Minoti Gomes Mr. Kausik Biswas ...for the petitioner.

Mr. Sanjoy Bardhan Ms. Debjani Dasgupta ...for the State.

1. Heard learned Counsel for both the parties.

2. The matter relates to post poll violence in the spot village in the year 2016. Seven years have elapsed in the meantime. Chargesheet is stated to have been filed. No proclamation has been issued against the petitioner or executed against him.

3. Regard being had to facts and submissions, factum of permanent residence of the petitioner, nature of allegation and completion of investigation, it is directed that the petitioner shall surrender before the learned Additional Chief Judicial Magistrate, Barrackpore, North 24 Parganas within 15 days from today in the G.R. case No. 4134 of 2016 arising out of aforesaid P.S. case. On his appearance and application for bail the petitioner shall be released on bail on such terms and conditions as deemed just and proper in the facts and circumstances of the case.

4. The learned Judge ACJM is directed to act upon the server copy of this order, if required.

5. Accordingly, the prayer for the anticipatory bail is allowed.

6. The application being CRM (A) 2547 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)