Calcutta High CourtCRM (A)/3437/2023allowed

Rajkumar Mahato v. State Of West Bengal

2023-08-29Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 3437 of 2023 29.08.2023 SL. 60 Court No. 29 Suvayan (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Dankuni Police Station Case No. 154 of 2023 dated 11.05.2023 under Sections 341/419/420/392/411 of the IPC.

And In the matter of: Rajkumar Mahato ....petitioner.

Ms. Paulomi Banerjee ...for the petitioner.

Mr. Saibal Bapuli, APP Mr. Arani Bhattacharya ...for the State.

1. Heard learned Counsel for both the parties.

2. It is submitted at the Bar that eight co-accused persons having been arrested, have already been enlarged on regular bail.

3. It is submitted by learned Counsel for the State that the basis of implication of the present petitioner is the statement of the co-accused. It is also fairly submitted that there is no record of past criminal antecedent against the petitoner.

4. Regard being had to such facts and submissions, factum of permanent residence of the petitioner, nature of allegation, and substantial progress in investigation, it is directed that the petitioner shall be released on bail by the Arresting Officer in the event of his 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 that: i) The petitioner is directed to appear before the I.O. once in a week on the day and time fixed by the I.O.

for the purpose of investigation till submission of F.F.

ii) The petitioners shall not leave the jurisdiction of the P.S. without obtaining prior leave from the I.O.

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

6. Within 21 days from today the petitioner shall appear before the I.O. alongwith a server copy/certified copy of this order. If server copy is supplied, learned I.O. shall act upon that.

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

8. The application being CRM (A) 3437 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)