Sandip Maji And ORS. v. State Of West Bengal And ANR

07.10.2024 Court No.29 Item No. 15 Partly Allowed ar CRM (A) 3448 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 in connection with Lalgarh Police Station Case No. 83 of 2024 dated 09.08.2024 corresponding to Misc. Case No. 18 of 2024 under Sections 420/406/34 of the Indian Penal Code. And In Re: Sandip Maji & Ors.

Petitioners Mr. Niladri Sekhar Ghosh Mr. Debarshi Bramma For the Petitioners Mr. Subhomay Bhattacharya Ms. Rajnandini Das For the State Mr. Arnab Neogi For the De-facto Complainant

1. Heard the learned counsel appearing for the parties.

2. We have perused the report filed by the investigating officer. Apparently, it appears that the petitioner no. 1 has not cooperated with the investigation and has not produced the relevant documents, we are not inclined to grant anticipatory bail to the petitioner no. 1. However, with regard to the involvement of the petitioner nos. 2 and 3, nothing adverse is found from the case diary. On such consideration, we are of the view that custodial interrogation of the petitioner nos. 2 and 3 is not necessary.

3. Accordingly, we direct that in the event of arrest, namely, the petitioner no. 2, Shibani Maji and the petitioner no. 3 Sandip Koley shall be released on bail upon furnishing a bond of Rs.10,000/-each, with two sureties of like amount each, one of whom must be local, subject to the Signed By :

AMITAVA ROY High Court of Calcutta 8 th of October 2024 01:33:23 PM

satisfaction of the Arresting Officer and also to comply with the conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the BNSS, 2023. The petitioner no. 3 shall meet the I.O once in a week till the submission of the final report and the petitioner no. 2 shall cooperate with the investigation till the submission of the final report following the female nomrs and on further condition that the petitioner nos. 2 and 3 shall appear before the learned Additional Chief Judicial Magistrate, Jhargram, within Ten days from date in connection with Misc. Case No. 18 of 2024. In the event of non-compliance of any of the conditions, the anticipatory bail shall stand automatically cancelled without any further reference to this Court.

4. Accordingly, the prayer for anticipatory bail of the petitioner nos. 2 and 3 is allowed, however, the prayer for anticipatory bail of the petitioner no. 1, stands rejected and the application is accordingly disposed of.

5. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Soumen Sen, J) (Uday Kumar, J) Signed By :

AMITAVA ROY High Court of Calcutta 8 th of October 2024 01:33:23 PM