Calcutta High Court
CRM/11299/2020 of ANAI SK @ ALAUDDIN PIYADA AND ORS Vs THE STATE OF WEST BENGAL on 31 December 2020
Ct.8 KAUSHIK/CHC Allowed C.R.M. No.11299 of 2020 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Chapra Police Station Case No.232 of 2020 dated 03.07.2020 under Sections 341/325/326/307/34 of the Indian Penal Code and Sections 3/
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31.12.2020Item no. 16Ct.8KAUSHIK/CHCAllowed
C.R.M. No.11299 of 2020
In Re:- An application for anticipatory bail under section 438of the Code of Criminal Procedure in connection with ChapraPolice Station Case No.232 of 2020 dated 03.07.2020 underSections 341/325/326/307/34 of the Indian Penal Code andSections 3/ 4 of the Explosive Substances Act.
And
In the matter of:-
Anai Sk @ Alauddin Piyada & ors.
… Petitioners
Mr. Prabir Majumder
.. for the petitioners
Mr. Anwar Hossain,Mr. Palash Chandra Majhi
..for the State
The petitioners claim that they are day labourers andcultivators. It is submitted that a co-ordinate Bench of this Courthas already granted anticipatory bail to some of the co-accused inconnection with the same offence.
Learned counsel appearing for the State places reliance on thestatement under Section 161 Cr.P.C., recorded in connection withthe investigation, which indicates that the petitioner nos. 7 and12were directly involved in the offence. As such, learned counselobjects to the grant of anticipatory bail to the said petitioners inparticular.
It appears from the materials on record that there isjustification behind the contention of the State as regards thepetitioner nos.7 and 12 being allegedly involved directly in theperpetration of the offences.
In such view of the matter, C.R.M.11299 of 2020 is disposedof by granting anticipatory bail to the petitioner nos.1-6, 8-11 and13-15 on the following conditions:- i)The petitioners shall make themselves available forinterrogation by any police officer in connection with theoffences in question;interrogation by any police officer in connection with theoffences in question;
ii)The petitioners shall not make any inducement, promiseor threat to any person being acquainted with the factsrelating to the alleged offences in order to prevent suchperson from disclosing such facts before the concernedpolice officer and/or the Court;or threat to any person being acquainted with the factsrelating to the alleged offences in order to prevent suchperson from disclosing such facts before the concernedpolice officer and/or the Court;
iii)The petitioners shall not leave the jurisdiction of theconcerned Police Station i.e. Chapra Police Stationwithout leave of a competent Court.concerned Police Station i.e. Chapra Police Stationwithout leave of a competent Court.
That apart, in the event of arrest of the petitioners, barring thepetitioner nos.7 and 12, they shall be released on bail uponfurnishing a bond of Rs.5,000/- (Rupees Five Thousand only)each, with one surety of like amount, to the satisfaction of thearresting officer. In addition, the petitioner nos.1 to 6, 8 to 11 and13 to 15 shall attend trial upon commencement of the same on every day. In the event of default on the part of the saidpetitioners will entitle the trial court to direct arrest of the saidpetitioners without further reference to this court.
It is reiterated that the prayer for anticipatory bail of petitionernos.7 and 12 is refused.
Urgent certified photostat copy of this order, if applied for,shall be given to the parties as expeditiously as possible oncompliance of all necessary formalities.
(Sabyasachi Bhattacharyya, J.)
(Saugata Bhattacharyya, J.)