Indrajit Das And ANR v. The State Of West Bengal

14.07.2023 Item no.26 Court No.1.

AB (Allowed) Calcutta High Court In the Circuit Bench at Jalpaiguri CRM (A) No.531 of 2023 In Re: An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Falakata Police Station Case No.256 of 2023 Dated 5.6.2023 under Sections 341/325/326/307/506/34 of the Indian Penal Code And In the matter of : Indrajit Das & Anr. ......Petitioners. Ms. Esha Acharya, Mr. Sampad Das ......for the Petitioners.

Mr. Sourav Ganguly, Ms. Sukanya Adhikari ......for the State.

Heard learned Advocate for the petitioners and learned Advocate for the State at length.

Learned Advocate for the State opposes the prayer for anticipatory bail.

On perusal of the entire material in the case diary, it appears that prima facie, there is no material as against the present accused petitioners to attract the provisions of Section 307 IPC.

Considering such fact and also considering the fact that investigation has progressed substantially, we are inclined to allow the prayer of the petitioners for anticipatory bail. Accordingly, in the event of arrest, the petitioners, namely Indrajit Das and Santi Das shall be released on bail

upon furnishing a bond of Rs.5,000/-each, with two registered sureties of like amount each, 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 until further orders and on further condition that the present accused petitioners shall meet the Investigating Officer of the case as and when called for till submission in Final Form.

In case the petitioners 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 C.R.M. (A) No.531 of 2023 is, thus, allowed.

Urgent Photostat Certified copy of this order, if applied for, be supplied expeditiously after complying with all necessary legal formalities.

(Partha Sarathi Sen, J.) (Arijit Banerjee, J.)