Sanjay Das v. State Of West Bengal

22.12.2020 Court No.28 SL No.95 AP CRM 10374 of 2020 (Through Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Bowbazar P.S. Case No.229 of 2020 dated 28.07.2020 under Sections 341/323/504/ 379/114 of the Indian Penal Code and added Section 326 of the Indian Penal Code.

And In the matter of: Sanjay Das ....Petitioner.

Mr. Arindam Jana, Mr. Soumajit Chatterjee ...for the Petitioner.

Mr. Arijit Ganguly, Mr. Sanjib Kumar Dan ...for the State.

It is submitted on behalf of the petitioner that there was mass agitation over lay off of employees in the establishment. The petitioner has been falsely implicated in the instant case. Learned lawyer for the State opposes the prayer for anticipatory bail.

We noticed that the victim had perforated in her left eardrum. However, allegations against the petitioner are general and omnibus. Possibility of false implication owing to labour trouble cannot wholly be ruled out. Under such circumstances, we are inclined to grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest, the petitioner be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only), 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 438(2) of the Code of Criminal Procedure, 1973.

The application for anticipatory bail is, thus, allowed. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)