Calcutta High CourtCRM/1109/2021allowed

Dhanonjoy Debnath v. The State Of West Bengal

2021-12-14Hon'Ble Justice Soumen Sen,Hon'Ble Justice Biswajit Basu2 pages

CIRCUIT BENCH OF CALCUTTA HIGH COURT 14.12.2021 AT JALPAIGURI Court No.01 Item No. 46 Allowed sg CRM 1109 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: Dhanonjoy Debnath Petitioner Mr. Pratip Kumar Chatterjee For the Petitioner Mr. Nilay Chakraborty Mr. Tapan Bhattacharjee For the State The learned Counsel for the petitioner submits that in view of the political rivalry, the petitioner has been falsely implicated. No over act has been attributed to the petitioner, who is a cricket player. It is further submitted that there is no likelihood that the petitioner would flee from justice. In the said conspectus, the petitioner may be granted anticipatory bail on any stringent condition. The learned Counsel for the State opposes the prayer for anticipatory bail and refers to the statements of some of the witnesses and the injury report.

Having considered the materials available in the case diary and in view of the fact that there is no likelihood that the petitioner would flee from justice and also considering the nature of allegations and the extent of complicity of the petitioner in the commission of alleged offense, we are of the opinion that the custodial interrogation of the petitioner is not required and he may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest the petitioner, namely, Dhanonjoy Debnath, 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 with a 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 1109 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)