Basudeb Sarkar And ORS v. The State Of West Bengal

08.11.2024 SG [ALLOWED] C. R. M. (A) 3845 of 2024 In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure read with Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Raiganj Police Station Case No. 855 of 2024 dated 22.08.2024 under Sections 189(2)/324(4)/326(f)/326(g)/351(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023.

And In Re: Basudeb Sarkar and Ors.

... ... Petitioners Mr. Kallol Mondal, Mr. K. Ray, Mr. Souvik Das, Mr. Anamitra Banerjee, Mr. Akbar Laskar ... ... for the petitioners Mr. Madhusudan Sur, Mr. Dona Sanyal.

... ... for the State 1.

Petitioners submit they are members of political party. They have been falsely implicated in the instant case. They pray for anticipatory bail.

2.

Learned lawyer for the State opposes the anticipatory bail prayer.

3.

We have considered the materials on record. Keeping in mind the facts and circumstances of the case, we are of the opinion custodial interrogation of the petitioners is not necessary and they may be granted anticipatory bail.

4.

Under such circumstances, we are inclined to grant anticipatory bail to the petitioners.

5.

Accordingly, we direct in the event of arrest, the petitioners viz., Basudeb Sarkar, Nimai Chandra Kabiraj @ Signed By :

SOURAV GHOSH High Court of Calcutta 13 th of November 2024 04:40:59 AM

Nimai Kabiraj, Biswajit Sarkar @ Bubai Saha, Kamal Debnath @ Pinku Debnath, Rajesh Sarkar, Tarini Kanta Roy and Manik Barman be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like amount each, to the satisfaction of the Arresting Officer and also subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. They shall appear before the jurisdictional court and pray for regular bail within four weeks from date.

6.

The application for anticipatory bail is, thus, disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By :

SOURAV GHOSH High Court of Calcutta 13 th of November 2024 04:40:59 AM