Niranjan Sarkar And ORS v. The State Of West Bengal

10.10.2023 PB, 14.

Calcutta High Court In The Circuit Bench at Jalpaiguri Appellate Side CRM (A) 777 of 2023 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 filed in connection with Boxirhat P.S. Case No.352 of 2022 dated 03.09.2022 under Sections 448/323/354/379/506/306/34 of the Indian Penal Code.

And In the matter of: Niranjan Sarkar & Ors.

.... petitioners Mr. Hillol Saha Poddar, Ms. Mousumi Das.

......for the petitioner.

Mr. Kallol Acharjee, Mr. Kallol Nag.

......for the State.

Heard learned advocates appearing for the parties. This is an application for anticipatory bail. Charge against the petitioner on the offence took place on 3rd September, 2022 under Section 448/323/354/379/506/306/34 of the Indian Penal Code. Petitioner submits that he is a political person and he has been framed by the opponent. He further submits that several other co-accused have already been granted anticipatory bail Learned advocate for the State respondent submits that charge sheet has already been submitted in the case and does not deny that the offence is more than a year old and that many other accused persons are already on bail. Considering the facts and circumstances

of the case, we are of the view that custodial interrogation of the petitioner is not required.

In the event of arrest, the petitioner may be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only) with two sureties of like amount one of whom must be local, to the satisfaction of the learned ACJM, Tufangunge. The petitioner shall meet the investigation officer once in a week until further order of this Court.

With this observation and direction, the application being CRM(A) 777 of 2023 is disposed of.

(Md. Nizamuddin, J.) (Partha Sarathi Chatterjee, J.)