Rajkumar Singha And ANR v. State Of West Bengal

C.R.M. (A) 3823 of 2023 19.10.2023 SL. 6 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 Barikul Police Station Case No. 33 of 2018 dated 18.05.2019 under Sections 143/149/326/506/34 of the IPC read with Section 9(b) I.E. Act and Sections 3(1)(I)(A)/3(1)(o)/3(1)(r) of the SC & ST (Prevention of Atrocities) Act, 1989.

And In the matter of: Rajkumar Singha & Ors.

....petitioners.

Mr. Sandip Chakraborty Mr. Shibasis Banerjee Mr. Kaustav Das ...for the petitioners.

Mr. R. Nandy, APP Mr. Ashok Das ...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 petitioners shall surrender before the learned Additional Sessions Judge cum learned Judge, Special Court, under SC & ST Act, Bankura 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 petitioners' 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 petitioners, we direct that the petitioners shall be released on interim bail by the learned Additional Sessions Judge cum learned Judge, Special Court, under SC & ST Act, Bankura on the same day the petitioners surrender 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 petitioners 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 petitioners 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 petitioners shall not involve themselves in similar or any other offence during currency of this order.

4.

The aforesaid order shall not be effective, if the injuries sustained by the victim(s) are near fatal and the victim(s) are still in bad shape. But, if the injuries are otherwise lesser and the victim(s) are hale and hearty, this observation shall not be effective and the petitioners can be granted interim

bail.

5.

It is made clear that if there is fracture injury but not on any vital part of the body and the injuries even on vital parts of the body is/are near fatal, interim bail should be granted. 6.

The application being CRM (A) 3823 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)