Debojit Rakshit@ Jit v. The State Of West Bengal

CIRCUIT BENCH OF CALCUTTA HIGH COURT 22.09.2021 AT JALPAIGURI Court No.01 Item No. 38 Allowed Krishnendu CRM 440 of 2021 (Via Video Conference) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure ;

And In Re : Debojit Rakshit alias Jit Petitioner Mr. Debarshi Dhar For the Petitioner Mr. Niloy Chakraborty Mr. Sagik Sankar Sikdar For the State Apprehending arrest in connection with Dinhata Police Station Case No.

of dated 17.12.2020 under sections 341/323/324/307/354/34 of the Indian Penal Code, the petitioner has filed the present application.

The learned advocate appearing for the petitioner submits that the petitioner has been falsely implicated. No overt act has been attributed to the petitioner. Accused persons, similarly situated, have already been granted anticipatory bail by the learned Court below. Upon completion of investigation, charge sheet has also been

submitted and as such 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 medical report. We have heard the learned advocates appearing for the respective parties and considered the materials in the case diary. Prima facie, it appears that no specific role has been attributed to the petitioner. Considering the nature of accusations, the extent of complicity of the petitioner and the fact that upon completion of investigation charge sheet has been submitted, we are of the opinion that custodial interrogation of the petitioner is not warranted in the facts and circumstances of the case.

Accordingly, we allow this application and direct that in the event of arrest, the petitioner, namely, Debojit Rakshit alias Jit , shall be released on 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 also subject to the conditions

as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 .

The application for anticipatory bail, being C.R.M. No. 440 of 2021 is, thus, 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)