Calcutta High Court (Appellete Side)
Avijit Sarkar And Others vs Unknown on 11 July, 2016
Author: Patherya
Bench: Patherya
1 11.7.2016 12 Partly allowed md.
CRM No. 4332 of 2016 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 7.6.2016 in connection with Chakdha Police Station Case No.318/2016 dated 20.05.2016 under Sections 448/323/379/ 354/427/308/506/34 of the Indian Penal Code.
And In the matter of:-
Avijit Sarkar and others ... Petitioners Mr.Atis Biswas, Mr. Shekhar Barman ..for the Petitioners Mrs. Sanjida Sultana ... for the State The petitioners, apprehending arrest in connection with Chakdha Police Station Case No.318/2016 dated 20.05.2016 under Sections 448/323/379/354/427/308/506/34 of the Indian Penal Code, have filed this application under Section 438 of the Code of Criminal Procedure.
Defence counsel submits that the petitioners are in no way involved in the offence alleged. They have been falsely implicated due to village rivalry. One Papai Sarkar, a co-accused, has been granted anticipatory bail by this Court in C.R.M. No.3976 of 2016. The petitioners stand on the same footing, and therefore, are entitled to anticipatory bail.
Counsel for the State produces the Case Diary and takes us to the statements recorded under Section 161 1 2 Cr.PC. at pages 11 to 14, 17 and 18 and 22 to 23 of the Case Diary.
Having considered the submissions of the parties and on scrutiny of the Case Diary, sufficient material exists to reject the application in respect of the petitioner nos. 3 and 4, namely, Ratan Chakrabarty and Prasenjit Sarkar.
Accordingly, the application of the petitioner nos. 3 and 4 is rejected and dismissed. Sufficient material exists to warrant grant of anticipatory bail to the petitioner Nos.1,2,5, 6 and 7 herein. Accordingly, the petitioner Nos 1, 2, 5, 6 and 7, namely, Avijit Sarkar, Ripan Mondal, Ajay Sarkar, Ganesh Mondal and Bijay Sarkar, in the event of their arrest be released on bail upon furnishing bond of Rs. 5,000/- each, with two sureties of Rs.2,500/- each, subject to the satisfaction of the arresting authority and subject to the conditions imposed under Section 438 (2) Cr.PC.
Accordingly, the prayer for anticipatory bail in respect of the aforementioned petitioners is allowed and disposed of.
Certified copy of this order, if applied for, be given to the parties on priority basis upon compliance of all formalities.
(Patherya,J.) (Samapti Chatterjee,J.) 2 3 3