Sujit Maji @ Sujit Majhi And ORS v. The State Of West Bengal

03.09.2024 Court No.29 Item No. 28 Allowed sg CRM (A) 2806 of 2024 In Re:- An application for anticipatory bail under Section 482 of the BNSS, in connection with Durgachak Police Station Case No. 174 of 2024 dated 06.07.2024 under Sections 111(2)(b)/111(3)/111(4)/126(2)/131/3(5)/308(3)/ 308(4)/351(2) of the BNS, pending before the learned Additional Chief Judicial Magistrate at Haldia, Purba Medinipur.

And In Re: Sujit Maji @ Sujit Majhi & Ors.

Petitioners Mr. Sabir Ahmed Mr. Dhiman Bajerjee Mr. Tasmin Ahamed For the Petitioners Ms. Amita Gaur Ms. Manisha Sharma For the State 1.

The learned Counsel for the petitioners submits that the petitioners are innocent and due to political rivalry between the transporters, they have been falsely implicated in the instant case.

2.

The learned Counsel for the State has produced the case diary and submitted that pursuant to the earlier order, the petitioners appeared and cooperated with the investigation.

3.

Considering the materials available in the case diary, the nature and extent of complicity of the petitioners in the commission of alleged offence and having regard to the fact that the petitioners have cooperated with the investigation, we are of the view that custodial interrogation of the present petitioners is not necessary.

Signed By :

SANJIB GHOSH High Court of Calcutta 4 th of September 2024 01:51:27 PM

4.

Accordingly, we direct that in the event of arrest the petitioners namely, Sujit Maji @ Sujit Majhi, Chandan Sinha and Tanmay Kumar Jana @ Tanmoy Jana, shall be released on bail upon furnishing a bond of Rs.20,000/- each, with two sureties of like amount each, one of whom must be local, to the satisfaction of Arresting Officer, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure corresponding to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The petitioners shall meet the I.O. twice in a week till the submission of final report. The petitioners shall appear before the learned Additional Chief Judicial Magistrate, Haldia, Purba Medinipur, within two weeks from date. 5.

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. 6.

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

7. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Soumen Sen, J.) (Shampa Dutt (Paul), J.)