Amal Biswas And ORS v. The State Of West Bengal

09.04.2024 Ct. No 1 rrc CALCUTTA HIGH COURT CIRCUIT BENCH AT JALPAIGURI CRM (A) 276 of 2024 Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure.

I n the matter of : Amal Biswas & Ors.

...... petitioners Mr. Sourav Ganguly Ms. Rishita Chakraborty Mr. Gopal Roy For the petitioners Mr. Nilay Chakraborty, Ld. APP Mr. Sagnik Sankar Sikdar For the State Apprehending arrest in connection with Falakata Police Station Case No. 282 of 2023 dated 16.06.2023 under Sections 186/188/353/ 333/427/34 of the Indian Penal Code, 1860, the present application has been preferred.

Ms. Chakraborty, learned advocate appearing for the petitioners submits that the petitioners have been falsely implicated. The allegations are omnibus in nature and there is also reasonable apprehension that the petitioners would f l ee f r o m j u s t i c e . I n t he s a i d c o n s p ec t u s , c u s t od i a l interrogation of petitioners may not be necessary and they may be granted anticipatory bail on any stringent condition.

Mr.

Chakraborty, learned Additional Public Prosecutor appearing for State, however, opposes the petitioners' pr ay er a nd s ub mi ts th a t p oli ce a ut hor iti es w ere restrained from taking appropriate steps in compliance with the order passed by the competent forum towards recovery of streedhan property of one Britibala Biswas.

H e a r d t h e l e a r n e d a d v o c a t e s a p p e a r i n g f o r t h e respective parties and considered the materials on record.

Prima facie, no specific overt act has been attributed to petitioners.

Considering nature of allegations, the manner in which the alleged offence has taken place and the probable extent of complicity of the petitioners in the alleged offence, we are of the opinion that their custodial interrogation is not necessary.

Accordingly, we allow this application and direct that in the event of arrest the petitioners, namely, Amal Biswas, Nirmal Biswas @ Nimal Biswas, Saddam Hossain, Mafijuddin @ Mohfij @ Mafijuddin Mia, Nazrul Islam @ Najrul Islam, Sahinur Alam @ Saranur @ Satinur Alam, Manowar Hossain @ Hosen, Delowar Hossain @ Dalower Hossain, Tarzar Ali @ Tajdar Hossain and Samsul Miya @ Patti Samsul @ Samsul Haque 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 with a furthe r c o n d i t i o n that the petitioners shall meet with the investigating officer once a week till investigation is complete and shall attend the learned Court below on all the dates, as specified for hearing. It is further directed that the petitioners shall not tamper with evidence and/or intimidate the witnesses.

In the event the petitioners fail to comply with aforesaid directions, without any justifiable cause, the learned Court below shall be at liberty to cancel their bail, without any further reference to this Court.

The application for anticipatory bail, being CRM (A) 276 of 2024, is, thus, disposed of.

All parties shall act on the server copies of this order duly downloaded from official we b s i te of this Court.

(Biswaroop Chowdhury, J.) (Tapabrata Chakraborty, J.)