Calcutta High CourtCRM (A)/3874/2023allowed

Atanu Kumar Singha @ Atanu Singha v. State Of West Bengal

2023-09-22Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 3874 of 2023 22.09.2023 ML. 266 Court No. 29 Suvayan (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Sabang P.S. Case No. 275 of 2017 dated 09.10.2017 under Sections 147/148/149/323/325/302/34 and Sections 25(i)(b)/35 of the Arms Act read with Section 9(b)(ii) of the Indian Explosive Act corresponding to G.R. Case No. 3359 of 2017 pending before the learned CJM, Paschim Medinipur.

And In the matter of: Atanu Kumar Singha @ Atanu Singha ....petitioner.

Mr. Amit Ranjan Pati Mr. Md. Jawwad ...for the petitioner.

Mr. Rudradipta Nandy, APP Ms. Sonali Das Mr. Ranadeb Sengupta ...for the State.

1. Heard learned Advocate for both the parties.

2. Charge-sheet is stated to have been filed.

3. There is mention of the name of the present petitioner in the statement of two witnesses recorded under Section 161 Cr.P.C. One witness stated that the present petitioner was one in the group, members of which hurled bombs; another has stated that the present petitioner and others hurled bombs. In the transaction injury has been caused to two persons and there has been death of one.

4. Regard being had to facts and submissions, factum of permanent residence of the petitioner, nature of allegation, nature of evidence and completion of investigation, it is directed that the petitioner shall surrender before the learned Chief Judicial Magistrate, Paschim Medinipur within 15 days from today in the G.R. case No. 3359 of 2017 arising out of aforesaid P.S. case.

5. On his appearance and application for bail the petitioner shall be

released on bail on such terms and conditions as deemed just and proper in the facts and circumstances of the case including the condition that:

(i) The petitioner shall appear before the learned Trial Court on each date of substantive hearing subject to the provision of Section 317 Cr.P.C.

6. The learned CJM, Paschim Medinipur is directed to act upon the server copy of this order, if required.

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

8. The application being CRM (A) 3874 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)