Subhasis Chowdhury And ORS v. The State Of West Bengal And ANR

04-04-2025 (ct. no.01) KOLE Allowed In the High Court At Calcutta Jalpaiguri Circuit Bench CRM (A) 210 of 2025 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure/Section 482 of the BNSS in connection with Kotwali Police Station Case No. 542 of 2019 dated 14.08.2019 under Sections 143/447/448/427/379/506 of the Indian Penal Code and Sections 3 and 4 of the Explosive Substance Act. - A n d - In the matter of : Subhasis Chowdhury .... Petitioner.

Mr. Hillol Saha Poddar, Ms. M. Das, ... For the Petitioner.

Mr. Niloy Chokraborty, Mr. A. Biswas, ... For the State.

1.

The petitioners say that the incident was a fallout of political rivalry. Nobody was injured. Charge sheet has been submitted upon completion of investigation. They are fully prepared to cooperate with the police authorities. 2.

Learned State Advocate, while opposing the prayer for anticipatory bail, draws my attention to the material in the case diary including the statement of witnesses recorded under Section 161 of the Code. There are omnibus allegations of blasting of bombs in the statements. There is no injury report. 3.

Considering the nature and gravity of the offence and the fact that the charge sheet has already been submitted, I am inclined to allow the petitioners' prayer for anticipatory bail so long as they cooperate with the police authorities. 4.

Accordingly, in the event of arrest, the petitioners, namely Subhasis Chowdhury, Arjun Barman, Biswajit Modak, Parimal

Barman, Babu @ Sanjib Sarkar and Jatan Modak, 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 shall abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 until further orders and on further condition that the petitioner shall report to the Investigation Officer within seven days. The petitioner shall report to the Officer in Charge of the Kotwali Police Station once in a fortnight and as and when called for until further orders.

5. In case the petitioners fail to adhere to any of the conditions mentioned hereinabove or in Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the learned Court below shall be entitled to cancel the anticipatory bail without further reference to this Court. 6.

The application for anticipatory bail being CRM (A) 210 of 2025 is disposed of.

7.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. ( Arijit Banerjee, J. )