Surender Pal Singh@Boggy v. State Of West Bengal

01.09.2021 Court No.30 rpan /23 IA No.: CRAN 2 of 2020 in C.R.M. 7499 of 2020 In Re : Surendra Pal Singh @ Boggy - Applicant.

Mr. Sayan Chattopadhyay, Ms. Smriti Das, Ms. Payel Shome, Mr. S. Datta, Mr. A. Biswas ....for the applicant / petitioner.

Mr. Neguive Ahmed, Mr. N. P. Agarwala, Ms. Amita Gaur ....for the State.

The present application has been preferred for relaxation of the conditions of bail, as incorporated in the order dated 6th October, 2020 passed in CRM No. 7499 of 2020. Mr. Chattopadhyay, learned advocate appearing for the applicant/petitioner submits that the petitioner has complied with all the conditions of bail as contained in the order dated 6th October, 2020. Upon completion of investigation, charge sheet has also been submitted and in view thereof, the conditions may be relaxed.

Mr. Ahmed, learned Additional Public Prosecutor appearing for the State opposes the petitioner's prayer and submits that the petitioner has not complied with the conditions and had entered the jurisdiction of Narkeldanga Police Station. Two separate cases

have also been registered against the petitioner. The report, as submitted, be kept on record.

In reply, Mr. Chattopadhyay submits that the petitioner has already obtained bail in both the cases being Narkeldanga Police Station Case Nos.47 and 48, dated 17th February, 2021. We have heard the learned advocates appearing for the respective parties and considered the materials on record, including the report, as submitted. From the annexures to the present application, it appears that the petitioner had met with the Officer-in-Charge of the Police Station within whose jurisdiction the petitioner was residing, in terms of the order dated 6th October, 2020. He has also obtained bail in the other cases registered against him and others. From the said orders and the order dated 6th October, 2020 passed in the anticipatory bail application being CRM 7499 of 2020, it appears that there was a political rivalry between the parties. Let the said orders dated 12th March, 2021 and 15th March, 2021, as produced, be kept on record.

In the said conspectus and since upon completion of investigation, charge sheet has also been submitted, we are of the opinion that the conditions, as incorporated in the order dated 6th October, 2020 may be relaxed.

Accordingly, the conditions to the effect that 'while on bail the petitioner shall not enter the jurisdiction of Narkeldanga Police Station until further orders except for purpose of investigation and attending the court proceedings and shall provide address where

he shall presently reside to the investigating officer as well as to the court below and shall report to the officer-in-charge of concerned police station within whose jurisdiction he shall presently reside once in a week until further orders', are waived. However, the petitioner shall attend the learned court below on all the dates as specified for hearing.

The application, being CRAN 2 of 2020 is, thus, disposed of. (Rabindranath Samanta, J.) (Tapabrata Chakraborty, J.)