Calcutta High CourtCRM (A)/4163/2023allowed

Ashim Banerjee v. State Of West Bengal

2023-12-11Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 4163 of 2023 11.12.2023 SL. 23 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 Jadavpur GRPS P.S. Case No. 02 of 2023 dated 27.02.2023 under Sections 363/365 IPC.

And In the matter of: Ashim Banerjee ....petitioner.

Mr. Angshuman Chakraborty Mr. Shashanka Shekhar Saha ...for the petitioner.

Mr. Shiladitya Banerjee ...for the State.

1. Heard learned Counsel for both the parties.

2. It is fairly submitted by learned Counsel for the State that during the period of interim protection given by this Court, the petitioner actively cooperated with the investigation and he was also put to T.I. parade.

3. It is also submitted by learned Counsel for the State that the petitioner was not identified in the T.I. parade which is the sole basis of his implication.

4. Regard being had to such facts and submissions, factum of permanent residence of the petitioner, nature of allegation, nature of evidence 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 aforesaid P.S. case on such terms and conditions as deemed just and proper in the facts and circumstances of the case including the conditions that:

i) The petitioner is directed to appear before the I.O. once in a fortnight on the day and time fixed by

the I.O. for the purpose of investigation till submission of F.F.

ii) The petitioner shall not threaten, induce or coerce any witness of this case in any manner whatsoever during the currency of this order.

5. The concerned Arresting Officer is hereby directed to act upon the server copy of this order.

6. Within 21 days from today the petitioner shall appear before the I.O. alongwith a server copy/certified copy of this order. If server copy is supplied, learned I.O. shall act upon that.

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

8. The application being CRM (A) 4163 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)