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Calcutta High CourtCRM (A)/2562/2023allowed

Prasenjit Dasgupta @ Netai Dasgupta @ Prosenjit Dasgupta v. State Of West Bengal

2023-08-08Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 2562 of 2023 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Uttarpara Police Station Case No. 96 of 2023 dated 15.03.2023 under Sections 451/387/324/354/392/506/34 IPC read with Sections 25/27 of the Arms Act.

And 08.08.2023 SL. 3 Court No. 29 Sourav (Allowed) In the matter of: Prasenjit Dasgupta @ Netai Dasgupta @ Prosenjit Dasgupta ....petitioner.

Mr. Arka Pratim Chowdhury Ms. Shreya Chakraborty ...for the petitioner.

Mr. Saswata Gopal Mukherji, Ld. PP Mr. Aniket Mitra Ms. Jonaki Saha ...for the State.

1. Heard learned Counsel for the parties.

2. On instruction, learned Counsel for the State submits that there is no record of past criminal antecedent against the petitioner. In the FIR filed by a builder, there is allegation of threatening for extortion on two occasions i.e., 02.03.2023 and 05.03.2023.

3. Learned Counsel for the petitioner submits that the petitioner is the President of the INTTUC, a labour organization and he had filed WPA 171 of 2023 in this Court, which being a PIL, order has been passed for CBI enquiry against the local MP and this case is the aftermath of the order passed in the aforesaid PIL.

4. We do not want to go into the political angle of the case. Confining our attention to the police papers, we find that though there has been threatening for extortion on two occasions, no injury has been caused to any person. There is allegation of snatching of a gold chain from the informant, veracity of which should be best left to the wisdom of the Trial

Court.

5. Investigation is stated to have progressed substantially.

6. Regard being had to the facts and submission, factum of permanent residence of the petitioner, nature of allegation and substantial progress in investigation, it is directed that the petitioner shall be released on bail in the event of his arrest by the Arresting Officer in the aforesaid P.S. case on such terms and conditions as deemed just and proper in the facts and circumstances of the case including the fact that: i) the petitioner is directed to appear before the I.O. once in a week on the day and time fixed by the I.O.

for the purpose of investigation till submission of F.F.

ii) the petitioner shall not threaten, induce or coerce any witness of this case in any manner whatsoever during the currency of this order.

7. The petitioner is directed to appear before the I.O. within 21 days from today along with a server copy or certified copy of this order.

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

9. The application being CRM (A) 2562 of 2023 is disposed of.

10. The I.O. is hereby directed to act upon the server copy of this order, if required.

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)