Swapan Kumar Sahoo @ Swapan Sahoo @ Swapan Kumar Shaw And ORS v. The State Of West Bengal

25.02.2021 Court No.28 Item No. 45 Krishnendu Allowed C.R.M. 10712 of 2020 (Via Video Conference) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure ;

And In re: Swapan Kumar Sahoo @ Swapan Sahoo @ Swapan Kumar Shaw & Ors.

Petitioners Mr. Ravi Ranjan Kumar For the Petitioners Mr. Saibal Bapuli, ld. A.P.P.

Mrs. Sayanti Santra For the State Apprehending arrest in connection with Sagar Police Station Case No. 90 of 2020 dated 22.06.2020 under Sections 452/188/332/353/325/326/307/354B/379/427/436/120B of the Indian Penal Code , section 51(b) of Disaster Management Act and Section 3 of Prevention of Damage to Public Property Act, 1984, the petitioners have filed the present application. The learned advocate for the petitioners submits that in the complaint it has been alleged that about 125 persons under the leadership of one Rishita Patra attacked the panchayat office and in the tussle, several persons were injured. No overt act has been attributed to the petitioners herein. Persons similarly situated had already been granted anticipatory bail by a co-ordinate Bench of this Court. In view

thereof, custodial interrogation of the petitioners is not necessary.

The learned advocate appearing for the State opposes the prayer for anticipatory bail of the petitioners and draws our attention to the injury reports.

We have perused the injury reports as well as the earlier order passed by a co-ordinate Bench of this Court in CRM 7395 of 2020. Considering the petitioners' claim in the light of the facts and circumstances of this case, we are of the opinion that custodial detention of the petitioners is not necessary, more so, when similarly situated persons have been granted anticipatory bail. As such, the prayer for anticipatory bail of the petitioners is allowed.

Accordingly, in the event of arrest the petitioners, viz. Swapan Kumar Sahoo @ Swapan Sahoo @ Swapan Kumar Shaw, Sk. Motleb, Saidul Kha @ Sk. Seidul Khan, Parbati Das, Sumita Das, Amar Chandra Das @ Amar Das, Jagannath Das, Sambhu Charan Das @ Shambhu Das, Susanta Das, Samir Das, Basudeb Das, Madhusudan Das, Tapati Das, Sujit Das, Pratima Giri ,Sanjay Giri and Sk. Rafikul @ Sk. Rafik, shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

The application for anticipatory bail, being CRM 10712 of 2020, is, thus, disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.) (Tapabrata Chakraborty, J.)