Sanjoy Das v. The State Of West Bengal

SL. 50 March 16, 2021.

MNS/AKG CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

APPELLATE JURISDICTION C.R.M. 72 of 2021 In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed on December 17, 2020 in connection with Bhaktinagar Police Station Case No. 477 of 2020 dated June 13, 2020 under sections 457/380 of the Indian Penal Code, 1860 And Allowed In Re : Sanjoy Das ... petitioner.

Ms. Jeenia Rudra, Mr. Debasish Mukhopadhyay ... for the petitioner.

Mr. Abhijit Sarkar, Mr. Biswarup Roy ... for the State.

Learned advocate for the petitioner submits that the petitioner has been falsely implicated in this case and his name is not appearing in the FIR.

Learned advocate appearing for the State opposes the prayer for bail. It appears that the petitioner has been implicated only on the basis of the statements of the co-accused. Such statement is not admissible in evidence.

We feel that the petitioner should be granted the benefit of anticipatory bail. In the event of arrest, the petitioner shall be released on bail subject to furnishing a bond of Rs.10,000/-, with two sureties of like amount each, one of whom must be local

subject to the satisfaction of the of the arresting officer. The petitioner will meet the investigating officer once in a week and cooperate with the investigation. Petitioner will comply with the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

The prayer for anticipatory bail is allowed.

(Sabyasachi Bhatttacharyya, J.) (Kausik Chanda, J.)