Chandan Kumar Jana v. State Of West Bengal

08.11.2021 Serial no. 36 Aloke Ct. No. 29 (Through Video Conference) CRM 6547 of 2021 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 28.09.2021 in connection with POR No. 2 of NM of 2020-2021 dated 25.12.2020 under Sections 9/39/44/49(b)/50/51/55 of the Wild Life (Protection) Act, 1972 and Section 3 of the Prevention of Damage to Public Property Act, 1984. -AndIn the matter of: Sri Chandan Kumar Jana ... Petitioner Ms. Minoti Gomes, Advocate Mr. Ratan Das, Advocate ... ... For the Petitioner Mr. Rudradipta Nandy, Advocate ... ... For the State Petitioner seeks anticipatory bail.

Learned Advocate appearing for the petitioner submits that the petitioner was suffering from COVID-19 at the relevant point of time when the alleged incident took place. She submits that the petitioner is no way connected with the alleged crime. Moreover, the police submitted charge-sheet, therefore, custodial interrogation of the petitioner is not required. She submits that the petitioner is an employee of the Kolkata Police.

State is represented.

Considering the materials in the case diary and considering the fact that the main accused was granted bail by the jurisdictional court, we are inclined to grant anticipatory bail to the petitioner. Accordingly, we direct that in the event of arrest, the petitioner shall be released on anticipatory bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only), with two sureties of like amount each, to the satisfaction of the arresting officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner shall appear before the jurisdictional court and pray for regular bail within four weeks from date and with a further

condition that the petitioner shall appear before the jurisdictional court on every date fixed for hearing.

The prayer for anticipatory bail is allowed.

CRM 6547 of 2021 is disposed of.

(Debangsu Basak, J.) (Ananda Kumar Mukherjee, J.)