Buddhadeb Halder And ORS v. The State Of West Bengal

02.08.2024 Court No.29 Item No. 32 Allowed sg CRM (A) 2616 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure read with Section 482 of the BNSS, in connection with Newtown Police Station Case No. 180 of 2024 dated 12.07.2024 under Sections 126(2)/115(2)/117(2)/118(2)/351(2)/3(5) of the Bharatiya Nyay Sanhita, pending before the learned Chief Judicial Magistrate, Barasat. And In Re: Buddhadeb Halder & Ors.

Petitioners Mr. Moyukh Mukherjee Mr. Pritam Roy Ms. Soewel Bhattacharjee Ms. Triparna Roy For the Petitioners Mr. Madhusudan Sur, APP Mr. Karan Bapuli For the State Mr. Santanu Talukdar For the defacto complainant 1.

The learned Counsel for the petitioners submits that as a counterblast to the several complaints by the petitioners with the District Magistrate and Bidhannagar Police Commissionerate against hooliganism of the defacto complainant and his associates who are enjoying patronage of the present political dispensation, a false complaint has been lodged by the defacto complainant.

2.

The learned Counsel for the defacto complainant has submitted that multiple cases have been lodged against the petitioners and they are antisocial. Signed By :

SANJIB GHOSH High Court of Calcutta 2 nd of August 2024 04:43:25 PM

3. The learned Counsel for the State has produced the case diary and opposed the prayer for anticipatory bail.

4.

Considering the materials available in the case diary, the nature of extent of complicity of the petitioners in the commission of alleged offence, the nature of injury alleged to have been sustained by the defacto complainant and the fact that the petitioners have lodged several complainants against various persons which includes the defacto complainant prior in point of time, the chance of false implication of the petitioners cannot be completely ruled out. Under such circumstances, we are of the view that custodial interrogation of the present petitioners is not necessary.

5.

Accordingly, we direct that in the event of arrest the petitioners, Buddhadeb Halder, Prosenjit Mondal, Raju Ghosh Dastidar, Probir Sarkar, Sourav Das, Ramen Biswas, Mithun Das, Nitin Halder and Nitai Biswas shall be released on bail upon furnishing a bond of Rs.10,000/- each, with two sureties of like amount each, to the satisfaction of the Arresting Officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita and on condition that the petitioners shall meet the I.O. once in a week till the submission of final report. The petitioners shall appear before the learned Chief Judicial Magistrate, Barasat within two weeks form date.

6. 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.

7.

Accordingly, the prayer for anticipatory bail of the petitioners is allowed. 8.

CRM (A) 2616 of 2024 is, thus, disposed of.

9. 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.)