Calcutta High Court (Appellete Side)
Nripendra Nath Roy ... vs Unknown on 6 June, 2014
Author: Joymalya Bagchi
Bench: Joymalya Bagchi
1 6.6.2014
Item No.50 jb. C.R.M. 4178 of 2014 In Re:‐ An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 12th March, 2014 in connection with Sitai P.S. Case No. 100 of 2013 dated 22nd July, 2013 under Sections 147/148/149/324/325/326/302 of the Indian Penal Code. And In the matter of : Nripendra Nath Roy ... petitioner Mr. Bikash Ranjan Bhattacharyya Mr. Chittaranjan Chakraborty ...For the petitioner Mr. Saibal Bapuli Mr. Soumik Ganguly ..For the State Heard the learned Counsel appearing on behalf of the parties. Perused the Case papers.
We have considered the materials available in the case diary. It is submitted on behalf of the petitioner that he was a Member of Parliament at the material point of time and has been falsely implicated in this case due to his political affiliation. Considering the materials in the case diary including the statement of the witnesses, we do not find the presence of the petitioner at the alleged place of occurrence. There are some allegations that a conspiracy may have been hatched to which the petitioner was a party. However, the circumstances as to how such witnesses were privy to such conspiracy is unclear. Bearing in mind the extent of complicity of the petitioner as transpiring from the materials collected in the course of investigation, we are of the considered opinion custodial interrogation of the petitioner may not necessary for progress of investigation.
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Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/‐ with one surety of like amount 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 also on the condition that the petitioner shall meet the officer in charge of the local police station once a week until further orders.
This application for anticipatory bail is, thus, disposed of.
(Joymalya Bagchi, J.) (Asim Kumar Mondal, J.)