Abhijit Mahata And ORS. v. State Of West Bengal

07.02.2024 Serial no. 29 Anticipatory Bail [Allowed] Dd CRM (A) 5534 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Jhargram Police Station Case No. 159 of 2023 dated 24.06.2023 under Sections 302/34 of the Indian Penal Code, 1860. (G.R. Case No. 584/2023) -AndIn the matter of : Abhijit Mahata & Ors. ... ... Petitioners Mr. Soumajit Das Mahapatra, Ms. Madhurai Sinha, Advocates ... ... For the Petitioners Mr. Debasish Roy, PP Mr. Rudradipta Nandy, APP ... ...For the State Co-accused was granted bail by the co-ordinate Bench on October 6, 2023 passed in CRM (DB) 3854 of 2023 after returning a finding that no witnesses saw such co-accused to be involved in the public lynching of a thief. Witnesses claimed to hear the involvement of such co-accused as an part of the mob. Police filed charge sheet.

Police complaint and the materials in the case diary suggest that the statements of the persons are based on hearsay evidence.

In such circumstances, we grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only) each, with two sureties of like amount each, to the satisfaction of the arresting

officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioners shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court. Prayer for anticipatory bail of the petitioners is allowed. CRM (A) 5534 of 2023 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)