Sandip Samanta v. State Of West Bengal

C.R.M. (A) 3538 of 2023 19.10.2023 SL. 5 Court No. 29 Suvayan/ Sourav In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Tomluk Police Station Case No. 649 of 2023 dated 14.06.2023 under Sections 406/420/467/468/471/472/473/341/323/354B/506/34 of the IPC read with Sections 3(1)(r)/3(1)(s) of the SC & ST (Prevention of Atrocities) Act, 1989.

And In the matter of: Sandip Samanta ....petitioner.

Mr. Supratic Roy Mr. Shuvajit Roy ...for the petitioner.

Mr. R. Nandy, APP Mr. Subrata Roy ...for the State.

1.

Heard learned Counsel for the parties.

2.

In the light of the order passed by us in Sudip Mondal & Ors. Vs. The State of West Bengal & Anr. [CRM(A) 2859 of 2023] disposed of today i.e. 19.10.2023, while not entertaining the prayer for anticipatory bail, the present petition is disposed of with the following observations - The petitioner shall surrender before the learned Judge Special Court (under SC & ST Act), Tamluk, Purba Medinipur within 15 (fifteen) days from the date of reopening of the court after Puja Vacation. Seven days before the petitioners surrender before the said Court the petitioner's counsel, shall serve a copy of the bail application or such number of copies of the bail application as instructed by learned Public Prosecutor/Special Public Prosecutor on the learned Public Prosecutor/Special Public Prosecutor for the purpose of notice to the victim or his/her dependent.

3.

Taking into consideration the nature of the offence as alleged against the petitioner, we direct that the petitioner shall be released on interim bail by the learned Judge Special Court (under SC & ST Act), Tamluk, Purba Medinipur on the same day the petitioner surrenders in the Special Case arising out of the aforesaid case on such terms and conditions as he deems just and proper pending disposal of the bail application, on merit, at the time of final hearing of the case, including the following conditions :- (i) the petitioner shall appear in person before the I.O. once in a week on the day and time fixed by the said I.O. until further order by the learned Special Judge lifting, modifying or relaxing the condition (ii) the petitioner shall not threaten, induce or coerce any witness of this case or the victim or his/her dependent in any manner whatsoever; and (iii) the petitioner shall not involve themselves in similar or any other offence during currency of this order.

4.

The application being CRM (A) 3538 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)