Ratan Das v. The State Of West Bengal

CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI 20.09.2021 Court No.01 Item No.75 Avijit Mitra CRM 276 of 2021 (Via video Conference) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure;

And In Re: Ratan Das

...Petitioner

Mr. Sudip Guha ...For the Petitioner Mr. Abhijit Sarkar, Mr. Biswarup Roy ...For the State Apprehending arrest in connection with Kumargram Police Station Case No.201 of 2020 dated 29.10.2020 under sections 341/325/307/34 of the Indian Penal Code the present application has been preferred.

Mr. Guha, learned advocate appearing for the petitioner submits that the petitioner has been falsely implicated. The allegations levelled against him are unfounded. Similarly situated co-accused persons have already been granted anticipatory bail and upon completion of investigation chargesheet has also been filed. In view thereof, custodial interrogation of the petitioner is not necessary.

Mr. Chakraborty, learned advocate appearing for the State opposes the petitioner's prayer and draws our attention to several documents in the case diary including the injury report and the statement of the injured.

Heard the learned advocates appearing for the respective parties and considered the materials in the case diary and the

nature of accusations. Upon a composite reading of the statements, as recorded under Section 161 of the Code and assessment of the role attributed to the petitioner and the co-accused persons, who were all present at the place of occurrence, we are of the opinion that custodial interrogation of the petitioner is not warranted, more so when upon completion of investigation chargesheet has also been submitted.

Accordingly, we direct that in the event of arrest the petitioner, namely, Ratan Das shall be released on anticipatory bail upon furnishing a bond of Rs.10,000/- 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 being C.R.M. No.276 of 2021 is disposed of. All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Abhijit Gangopadhyay, J.) (Tapabrata Chakraborty, J.)