Kartick Khetrapal And Others v. State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

Criminal Miscellaneous Jurisdiction Appellate Side 29-09-2022 Subha Item no.11 Bail allowed CRM (SB) 240 of 2022 Kartick Khetrapal & Ors.

-vsThe State of West Bengal In Re: An application for bail under Section 439 Cr.P.C in connection with Pursurah P.S. Case No.156 of 2022 dated 09.09.2022 under sections 379/411/34 of the Indian Penal Code.

Mr. Niladri Sekhar Ghosh Ms. Srimoyee Mukherjee Ms. Sompurna Chatterjee Mr. Sourav Mondal .....for the petitioners.

Mr. Shiladitya Banerjee ... for the State.

Petitioners are granted liberty to amend the cause title in respect of the sections, which have been inserted therein. Mr. Ghosh, learned advocate appearing for the petitioners submits that the petitioners are Drivers and their assistant of the vehicles which were intercepted with some natural resources. It is submitted that they are in custody for 21 days and as there has been no further seizure, they may be released on bail. Mr. Shiladitya Banerjee, learned advocate appearing for the State opposes the prayer for bail of the petitioners and the draws the attention of this court to the seizure list as also the statement of witnesses.

Learned advocate further submits that another accused fled away at the time of interception by the police authorities. Having regard to the period of detention of the present petitioners, I am of the opinion that further custody of the petitioners

is unwarranted.

Thus, the prayer for bail of the present petitioners is allowed. Accordingly, the petitioners are directed to furnish bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Arambagh on the following conditions:- i) The petitioners shall not enter the jurisdiction of the districts of Hooghly, Bankura, Purba Bardhaman, Paschim Bardhaman, East and West Midnapore & Purulia.

ii) The petitioners would inform their address to the Investigating Officer of the case as well as the learned ld. A.C.J.M, Arambagh.

iii) The petitioners shall once in a week attend the Investigating Officer of the case and obtain an acknowledgment.

Report of compliance after three months should be furnished before the learned A. C. J. M, Arambagh.

With the aforesaid observations, the application for bail, being CRM (SB) 240 of 2022 is disposed of.

All concerned parties shall act in terms of the copy of the order downloaded from the official website of this Court. Urgent Photostat certified copy of this order, if applied for, be given to the parties on completion of usual formalities. [Tirthankar Ghosh, J]