Somenathe Das v. State Of West Bengal

19.09.2023 M/L 147 Ct. No.29 (Allowed) (SKB) CRM (A) 3754 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Dantan P. S. Case No.199 of 2023 dated 17.05.2023 under Sections 11(1)(d)(e) of Prevention of Cruelty of Animal Act, Section 379/411/413/414/120B of the Indian Penal Code (G.R. Case No.506 of 2023). In the matter of : Somenath Das ... Petitioner Mr. Manabendra Thakur ... for the petitioner Mr. Rudradipta Nandy, ld. APP Mr. Subrato Roy ... for the State

1. Heard learned advocates for the parties.

2. The basis of implication of the present accused petitioner is that he is the owner of the vehicle-in-question wherein 6 number of cows and 4 number of bullocks were being transported illegally.

3. It is fairly submitted at the Bar that in the meantime, the driver of the said vehicle has been enlarged on bail.

4. Regard being had to such facts and submissions, factum of permanent residence of the petitioner, nature of allegation, nature of offence 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 G.R. Case No.506 of 2023 arising out of 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 condition:

i) The petitioner is directed to appear before the IO once in a fortnight on the day and time fixed by the IO for the purpose of investigation till submission of Final Form.

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

6. Within 21 days from today petitioner is directed to appear before the I.O. along with a server copy or certified copy of this order.

7. The applications being CRM(A) 3754 of 2023 is disposed of.

8. The Arresting Officer is hereby directed to act upon the server copy or certified copy of this order.

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)