Partha Saha v. The State Of West Bengal

CIRCUIT BENCH OF CALCUTTA HIGH COURT 14.12.2021 AT JALPAIGURI Court No.01 Item No. 43 Allowed sg CRM 1101 of 2021 (Via Video Conference) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Dinhata Police Station Case No. 231 of 2021 dated 07.05.2021 under Sections 143/341/323/325/307/427/353 of the Indian Penal Code.

And In Re : Partha Saha Petitioner Mr. Sayan Dey Mr. Subhasis Misra Mr. Swarup Das For the Petitioner Mr. Nilay Chakraborty Mr. Tapan Bhattacharjee For the State The learned Counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated due to political rivalry in course of postpoll violence. The learned Counsel for the State opposes the prayer for anticipatory bail and submits that the petitioner is named in the FIR. Having regard to the materials available in the case diary and in view of the fact that the allegations being omnibus in nature and also having regard to the fact that the co-accused persons similarly placed as that of the present petitioner were granted anticipatory bail in CRM 1049 of 2021 and CRM 919 of 2021, we are inclined to grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest the petitioner, namely, Partha Saha, shall be released on bail upon furnishing a bond of Rs.

under Section 438(2) of the Code of Criminal Procedure, 1973 with further condition that the petitioner shall meet the investigating officer once a week until further orders.

The prayer for anticipatory bail is allowed and CRM 1101 of 2021 is accordingly, disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Biswajit Basu, J) (Soumen Sen, J)