Khokan Das v. The State Of West Bengal

CIRCUIT BENCH OF CALCUTTA HIGH COURT 20.12.2021 AT JALPAIGURI Court No.01 Item No. 49 sg CRM 1195 of 2021 (Via Video Conference) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Pundibari Police Station Case No. 328 of 2021 dated 15.07.2021 under Sections 25(1-B)/27/35 of the Indian Penal Code. And In Re: Khokan Das Petitioner Mr. Sourav Ganguly Mr. Kallol Nag For the Petitioner Mr. Kallol Acharjee Mr. Biswarup Roy For the State The learned Counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the instant case due to political rivalry. The learned Counsel further submits that one of the co-accused persons, namely, Amalesh Roy @ Appu @ Amaresh Barman was granted bail by the learned Additional Chief Judicial Magistrate. The learned Counsel for the State, however, opposes the prayer for anticipatory bail.

Having considered the materials available in the case diary and the nature and extent of complicity of the petitioner in the commission of alleged offence and also having regard to the fact that the one of the co-accused persons, namely, Amalesh Roy @ Appu @ Amaresh Barman was granted bail, we are inclined to grant anticipatory bail to the petitioner. Accordingly, we direct that in the event of arrest the petitioner, namely, Khokan Das, 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 also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and the petitioner shall not leave the jurisdiction of the Pundibari Police Station without the expressed leave of the learned Chief Judicial Magistrate, Cooch Behar, until further order.

The application for anticipatory bail is allowed and CRM 1195 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)