Calcutta High CourtCRM (A)/2913/2023allowed

Rajesh Maity And ORS v. State Of West Bengal

2023-08-09Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

09.08.2023 (M/L 136) Ct. No.29 Allowed (SKB) CRM (A) 2913 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Contai P.S. Case No.284 of 2023 dated 25.06.2023 under Sections 120B/285/286/326/511 of the Indian Penal Code.

In the matter of : Rajesh Maity and others ... petitioners Mr. Sourav Chatterjee, Mr. Soumya Nag ... for the petitioners Mr. Rudradipta Nandy, ld. APP Mr. Subrato Roy, Mr. Ranadev Sengupta ... for the State

1. Heard the learned Counsel for the parties.

2. Considered the materials placed by them. Some alleged bombs are stated to have been recovered from some coaccused persons. It is alleged that those bombs were there for being used at the time of Panchayat election. So far as the present petitioners are concerned, their names transpire from the statements of the co-accused persons.

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioners, nature of allegation, nature of evidence and substantial progress in investigation, it is directed that each of the petitioner shall be released on bail by the Arresting Officer in the event of their arrest 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 conditions:

i) The petitioners are directed to appear before the IO once in a week on the day and time fixed by the IO for the purpose of investigation till submission of Final Form.

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

iii) The petitioners shall not leave the jurisdiction of the P.S. without obtaining prior leave from the IO. iv) The petitioners shall not involve themselves in similar or any other offence during the currency of this order.

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

5. Within 21 days from today petitioners are directed to appear before the I.O. along with a server copy or certified copy of this order.

6. The application being CRM(A) 2913 of 2023 is disposed of.

7. The Arresting Officer is hereby directed to act upon the server copy of this order.

(Chitta Ranjan Dash, J.)

(Partha Sarathi Sen, J.)