Sahin Akhatar v. State Of West Bengal

09.10.2020 DL No.39 Court No.23 am CRM 7335 of 2020 CRAN 1 of 2020 (Through Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Chopra P.S. Case No.480/2020 dated 20.07.2020 under Sections 147/148/149/188/186/353/333/307/435/436 of the Indian Penal Code.

And In the matter of: Sahin Akhatar ....Petitioner.

Mr. Sabyasachi Banerjee, Ms. Diksha Ghosh ...for the Petitioner.

Mr. Rana Mukherjee, Mr. Goutam Wilson ...for the State.

The petitioner undertakes to affirm and stamp the petition/application as per Rules within one month of resumption of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing through video conference. Accordingly, the application being CRAN 1 of 2020 is disposed of.

The learned Counsel appearing on behalf of the petitioner submits that out of political rivalry the petitioner has been falsely implicated in the instant case. It is submitted that the nature of charges as framed against the petitioner are baseless and there is no record to implicate the petitioner for commission of the alleged offence.

The learned Counsel appearing on behalf of the State however opposes the prayer for anticipatory bail of the petitioner

and it is submitted that the petitioner led the mob which has caused injury to the police personnel as well as damaged public properties. It is submitted that 57 accused persons have already been arrested and their prayer for bail was rejected by the trial court.

Having considered the materials on record available in the case diary and the extent of complicity and involvement of the petitioner in the commission of the offence, we are inclined to grant anticipatory bail to the petitioner with certain stringent conditions. In the event of arrest the petitioner shall be released on anticipatory bail upon furnishing a bond of Rs.10,000/- (rupees ten thousand) together with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer subject to the condition as laid down under Section 438(2) of the Cr.P.C.

It is further directed that the petitioners shall meet the I.O. of the case once a week and shall co-operate with the investigation and the petitioner shall not enter the jurisdiction of Chopra Police Station except for the purpose of meeting the investigating officer and/or for attending court. It is further directed that the petitioner shall pray for regular bail before the trial Court on or before 30th November, 2020.

The application for anticipatory bail being CRM 7335 of 2020 is allowed.

All parties are to act on a website copy of this order on the usual undertaking.

(Saugata Bhattacharyya, J.) (Soumen Sen, J.)