Susoma Rana And ORS. v. The State Of West Bengal

30.08.2024 SL No.31 Court No.29 (gc) (Partly Allowed) CRM (A) 2980 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Tamluk Police Station Case No.54 of 2024 dated 21.01.2024 under Sections 448/323/325/326/307/506/34 of the Indian Penal Code.

And In the matter of : Susoma Rana & Ors.

- Petitioners.

Mr. Abdur Rakib ....For the Petitioners.

Ms. Subhasree Patel, Ms. Puja Goswami ... For the State.

1. Heard the learned Counsel for the parties.

2. Considering the materials available in the case diary, the nature and extent of complicity of the petitioner nos.2, 3 and 4 in the commission of the alleged offence as revealed from the case diary and having regard to the nature of injury which appears to be serious in nature, we are not inclined to grant anticipatory bail to the petitioner nos.2, 3 and 4.

3. Accordingly, the prayer for anticipatory bail of the petitioner nos.2, 3 and 4, namely, Susanta Rana, Jayanta Rana and Sukumar Rana is rejected.

4. However, having regard to the fact that the petitioner no.1 is a lady and her involvement may be passive compared to the involvement of the other petitioners, we are of the view that custodial interrogation of the petitioner no.1 is not necessary.

5. Accordingly, we direct that in the event of arrest, the petitioner no.1, namely, Susoma Rana, shall be released on bail upon Signed By :

GURUPADA CHAKRABARTY High Court of Calcutta 2 nd of September 2024 09:56:40 AM

furnishing a bond of Rs.10,000/-, with two registered sureties of like amount each, to the satisfaction of the arresting officer and also 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 BNSS, 2023. It is directed that the petitioner no.1 shall cooperate with the investigation till the submission of the final report.

6. It is further directed that the petitioner no.1 shall appear before the learned Chief Judicial Magistrate, Tamluk, Purba Medinipur in connection with G.R. Case No.214 of 2024 within two weeks from date.

7. Accordingly, the application for anticipatory bail is disposed of.

8. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Soumen Sen, J.) (Uday Kumar, J.) Signed By :

GURUPADA CHAKRABARTY High Court of Calcutta 2 nd of September 2024 09:56:40 AM