Subrata Saha And ORS v. The State Of West Bengal And ANR

07.10.2024 Court No.29 Item No. 79 Allowed ar CRM (A) 3647 of 2024 In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Chakdah Police Station Case No. 907 of 2024 dated 14.08.2024 corresponding to Serial No. 1851 of 2024 under Sections 69/115(2)/351(2)/3(5)/61(2) of the Bharatiya Nyaya Sanhita, 2023.

And In Re: Subrata Saha & Ors.

Petitioners Mr. Shibaji Kumar Das Mr. Dipendu Sarkar Ms. Deblina De For the Petitioners Ms. Sreyashee Biswas Ms Paramita Sahu For the State Ms Pinki Chakraborty For the Victim

1. Heard the learned counsel appearing for the parties.

2. Considering the materials available in the case diary, the nature and extent of complicity of the petitioners in the commission of the alleged offence and from the statement of the de-facto complainant it appears that Supriya Sarkar appears to be the principal accused and the allegation against the present petitioners are omnibus and general in nature and moreover the charge-sheet has already been filed, we are of the view that that custodial interrogation of the petitioners is not necessary.

3. Accordingly, we direct that in the event of arrest, the petitioners, namely, Subrata Saha, Jaba Saha @ Jaba Saha Ray, Suparna Sarkar and Binoy Sarkar shall be released on bail upon furnishing a bond of Rs.5,000/- each, with two registered surety each, 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 and on further condition that the petitioners shall appear before the learned Additional Chief Judicial Magistrate, Kalyani, Nadia, corresponding to Serial No. 1851 of 2024 within three weeks from date and the petitioners shall not intimidate the witnesses or tamper with evidence in any manner whatsoever. It is further ordered that the petitioners shall appear on every date before the aforesaid Court on and from the date fixed for appearance of the accused. 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 petitioners is allowed and the same 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