Ramen Ruidas v. State Of West Bengal

25.07.2023 (D/L 54) Ct. No.29 (Rejected) (SKB) CRM (A) 2683 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Asansol North P.S. Case No.429 of 2022 dated 27.09.2022 under Sections 467/468/471/473/420/ 120B/34 of the Indian Penal Code.

In the matter of : Ramen Ruidas ... Petitioner Mr. Kallol Mondal, Mr. Anindya Ghosh, Mr. Krishan Ray, Mr. Souvick Das ... for the petitioner Ms. Anasuya Sinha, Ms. Subhasree Patel ... for the State

1. Heard the learned Counsel for the parties.

2. The petitioner is stated to be involved earlier in similar offence in Asansol South P.S. Case No.293 of 2013 dated 03.07.2013 and Joypur PS, Bankura Case No.71 of 2016 dated 03.06.2016. The petitioner remained at liberty throughout, though his handwriting etc. was required by the police. All other six co-accused persons having been arrested have already been released on regular bail.

3. Regard being had to the nature of allegation, past record of criminal antecedent though there is no proof of conviction in similar offence, we are not inclined to exercise our discretion under Section 438 Cr.P.C. in favour of the petitioner. However, if the petitioner

surrenders before the competent court within 15 days from today and makes prayer for bail, the same shall be considered and disposed of on merit in accordance with law. If ground of parity is canvassed, the same shall be taken into consideration at the time of disposal of the bail application. Advance notice to the concerned PP/APP be given three days prior to appearance of the petitioner before the competent court.

4. With the aforesaid observation, the prayer for anticipatory bail is rejected.

5. Accordingly, CRM(A) 2683 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)