← Library
Calcutta High CourtCRM (A)/2301/2024partly allowed

Dipa Maity And ORS v. The State Of West Bengal

2024-07-10Hon'Ble Justice Soumen Sen,Hon'Ble Justice Uday Kumar2 pages

10.07.2024 SL No.32 Court No.29 (gc) (Partly Allowed) CRM (A) 2301 of 2024 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed in connection with Singur Police Station Case No.170 of 2024 dated 15.04.2024 under Sections 448/302/34 of the Indian Penal Code. And In the matter of : Dipa Maity & Ors.

- Petitioners.

Mr. Shekhar Kumar Basu, Sr. Adv., Mr. Saubhik Mitter, Ms. Rajnandini Das, Mr. Karan Bapuli ....For the Petitioners.

Mr. Joydeep Biswas, Mr. Sharequl Haque ... For the State.

1. Mr. Shekhar Kumar Basu, learned Senior Counsel appearing on behalf of the petitioners submits that the petitioners are innocent and they have been falsely implicated.

2. The learned Counsel for the State submits that there are eyewitnesses and the statements which directly implicated all the petitioners.

3. Considering the materials available in the case diary and the complaints in which specific overt act against the petitioner nos.2 and 3 are revealed, we are not inclined to grant anticipatory bail to the petitioner nos.2 and 3.

4. However, having regard to the nature and involvement of the petitioner nos.1 and 4 in the commission of alleged offence, we are inclined to grant anticipatory bail.

Signed By :

GURUPADA CHAKRABARTY High Court of Calcutta 11 th of July 2024 01:36:14 PM

5. Accordingly, we direct that in the event of arrest, the petitioner nos.1 and 4, namely, Dipa Maity and Bharat Maity, shall be released on bail upon furnishing a bond of Rs.10,000/- each, with two registered sureties of like amount each, to the satisfaction of the arresting officer and also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973. It is further directed that the petitioner no.4 shall meet the Investigating Officer once in a week till the submission of the final report and the petitioner nos.1 and 4 shall not leave the jurisdiction of Police Station Singur without the leave of the Investigating Officer.

6. It is further directed that the petitioner nos.1 and 4 shall appear before the learned Additional Chief Judicial Magistrate, Chandannagore, Hooghly in connection with G.R. Case No.675 of 2024 within two weeks from date.

7. Accordingly, the application for anticipatory bail is disposed of.

8. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Soumen Sen, J.) (Uday Kumar, J.) Signed By :

GURUPADA CHAKRABARTY High Court of Calcutta 11 th of July 2024 01:36:14 PM