Aparupa Murmu And ORS v. The State Of West Bengal

10.07.2024 Court No.29 Item No. 18 Allowed sg CRM (A) 2287 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Joypur Police Station Case No. 156 of 2024 dated 09.05.2024 under Sections 147/148/149/186/189/323/353/332/427/ 506 of the Indian Penal Code, pending before the learned Additional Chief Judicial Magistrate at Bishnupur.

And In Re: Aparupa Murmu & Ors.

Petitioners Mr. Siddhartha Sarkar For the Petitioners Mr. Debabrata Chatterjee Md. Hafiz Ali For the State 1.

The learned Counsel for the petitioners has submitted that due to long standing political rivalry between the petitioners and the victim, a false complaint has been filed against the petitioners. 2.

The learned Counsel for the State has produced the case dairy and has referred to the statement of the victim recorded under Section 161 of the Code of Criminal Procedure and has opposed the prayer for anticipatory bail. 3.

Considering the materials available in the case diary, the nature of injury sustained by the victim which appears to be simple in nature and having regard to the nature and extent of complicity of the petitioners in the commission of the alleged offence, we are of the view that the custodial interrogation of the petitioners is not necessary.

4.

Accordingly, we direct that in the event of arrest the petitioners namely, Aparupa Murmu, Golapi Saren, Pradip Murmu and Anup Saren, shall be released on bail upon furnishing a bond of Rs.5000/- each, with two registered sureties of like amount each, to the satisfaction of Arresting Officer, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. The petitioner nos. 3 and 4 shall meet the I.O. once in a week till the submission of the final report and the petitioner nos. 1 and 2 shall cooperate with the investigation. The petitioners shall appear before the learned Additional Chief Judicial Magistrate at Bishnupur within two weeks from date and thereafter shall appear on each and every date of hearing. 5.

In the event the petitioners fail to comply with any of the conditions as mentioned above, the trial court shall be at liberty to cancel their bail in accordance with law without any further reference to this Court 6.

Accordingly, the prayer for anticipatory bail of the petitioners is allowed. 7.

CRM (A) 2287 of 2024 is, thus, disposed of.

8. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Soumen Sen, J.) (Uday Kumar, J.) Signed By :

SANJIB GHOSH High Court of Calcutta 11 th of July 2024 10:29:03 AM