Ramesh Allay@Ramesh Alley v. The State Of West Bengal

59. 07.07.2023 Court No.1 b.r.

Allowed CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

APPELLATE SIDE CRM (A) 516 of 2023 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973, in connection with Kalimpong Police Station Case No. 223 of 2017 dated 20/08/2017 under Sections 120B/ 121/ 121A/ 122/326/307/302/427 of the Indian Penal Code, 1860 read with Sections 3 & 4 of the Explosive Substances Act, Sections 3 & 4 of the Prevention of Damage to Public Property Act, 1984 and Sections 8/9/15A/15B of the West Bengal Maintenance of Public Order Act, 1972.

And In the matter of: - Ramesh Allay @ Ramesh Alley ...petitioner.

Mr. Jagriti Mishra Mr. Subham Gupta, Mr. Debayan Goswami Mr. Reshab Kumar, Advs.

...for the petitioner.

Mr. Aditi Shankar Chakraborty, Ld. APP, Mr. Sourav Ganguly, Mr. Arjun Chowdhury Adv.

...for the State.

The petitioner is one out of several accused persons. He says that several other accused persons have been granted anticipatory bail. He stands on the same footing. This is not disputed by learned Advocate for the State. Accordingly, on the ground of parity and also that chargesheet has already been submitted we are of the view that custodial interrogation of the petitioner may not be necessary so long as he co-operates with the investigation.

Accordingly, in the event of arrest, the petitioner, namely Ramesh Allay @ Ramesh Alley, 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, 1973, until further orders and on further condition that within twenty one days from the date of obtaining a certified copy or a server copy of this order, whichever is earlier, the petitioner shall appear before the learned Chief Judicial Magistrate, Kalimpong.

In case the petitioner fail to adhere to any of the conditions mentioned in Section 438(2) of the Code, the learned Court below shall be entitled to cancel the anticipatory bail without further reference to this Court.

The application for anticipatory bail being CRM (A) 516 of 2023 is thus allowed and disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Arijit Banerjee, J.) (Partha Sarathi Sen, J.)