Tapan Midya And ORS. v. The State Of West Bengal

24.07.2024 Court No.29 Item No. 50 Allowed ar CRM (A) 2485 of 2024 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Bhupatinagar Police Station Case No. 455 of 2022 dated 30.11.2022 corresponding to G.R Case No. 2606 of 2022 under Sections 143/379/427/506 of the Indian Penal Code. And In Re: Tapan Midya & Ors.

Petitioners Mr. Rajdeep Mazumdar Mr. Moyukh Mukherjee Ms. Shyanti Podder Ms. Aishwarya Bazaz For the Petitioners Mr. Anand keshari Mr. Debolina Das For the State

1. Heard the learned counsel for the parties.

2. Learned counsel for the State has produced the case diary which does not contain any injury report.

3. Considering the materials available in case diary, we are of the view that custodial interrogation of the petitioners is not necessary.

4. Accordingly, we direct that in the event of arrest, the petitioners, namely, Tapan Midya, Subhashish Maiti, Duranta Jana and Chiranjit Jana shall be released on bail upon furnishing a bond of Rs.10,000/- each, with two sureties of like amount each, one of whom must be local, subject to the satisfaction of the Arresting Officer and also to comply with the conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973. The petitioners shall meet the Investigating Officer once in a week or as and when called for till the submission of the final report. Signed By :

AMITAVA ROY High Court of Calcutta 25 th of July 2024 11:44:42 AM

The petitioners shall not leave the jurisdiction of Bhupatinagar Police Station till the submission of the final report and on further condition that the petitioners shall appear before the learned Additional Chief Judicial Magistrate, Contai, Purba Medinipur within two weeks from date in connection with G.R Case No. 2606 of 2022 and pray for regular bail.

5. It is further directed that the petitioners shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the Jurisdictional Court will pass appropriate order to secure presence of the petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court.

6. Accordingly, the prayer for anticipatory bail of the petitioners is allowed and the same is accordingly disposed of.

7. 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 :

AMITAVA ROY High Court of Calcutta 25 th of July 2024 11:44:42 AM