Sukhen Das v. State Of West Bengal

30.10.2024 ss/jks Allowed

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI CRIMINAL MISCELLANEOUS JURISDICTION CRM (A) 837 of 2024 In the matter of : An application for anticipatory bail under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 438 of the Code of Criminal Procedure, 1973) in connection with Bhaktinagar P.S. Case No. 698 of 2024 dated 01.08.2024 under Sections 420/465/467/468/471/34 of the Indian Penal Code, 1860.

And In the matter of : Sukhen Das Mr. Avik Ghatak Mr. A. Rakshit ... ... for the petitioner Mr. Aditi Shankar Chakraborty, APP Mr. Tapan Bhattacharjee ... ... for the State Learned advocate representing the petitioner pleads that the petitioner has been falsely implicated in the case and the allegation is based on document. It is further submitted that anticipatory bail may be granted in favour of the petitioner. Learned Additional Public Prosecutor representing the State has produced the case diary. Based on the materials available in the case diary, prayer of the petitioner for grant of anticipatory bail has been opposed. It is submitted that on forged deed mutation has been obtained by the petitioner. On consideration of the entire gamut of the issue and the materials available on record, we find that three different

coordinate Benches have passed orders granting anticipatory bail on 1st October, 2024, 14th October, 2024 and 22nd October, 2024. It is also found that petitioner is on the same footing like petitioners in other three matters. Having considered the materials available on record and extent of complicity in commission of offence, as alleged, this is a fit case for granting anticipatory bail since custodial interrogation is not required.

In the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs. 10,000/- (Rupees ten thousand only), with two sureties of like amount each, to the satisfaction of the arresting officer and subject to the conditions under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023 and with an additional condition that the petitioner shall appear before the investigating officer once in a month till the charge-sheet is submitted. It also stipulated that the petitioner shall appear before the trial Court on each and every date from date of production. If any of the condition is not complied with, the learned trial Court shall be at liberty to cancel the bail without any reference to this Court. This application being CRM (A) 837 of 2024 stands allowed and disposed of.

(Partha Sarathi Chatterjee, J.) (Saugata Bhattacharyya, J.)