Calcutta High Court (Appellete Side)
An Application For Anticipatory Bail ... vs Rohit Thapa & Anr on 16 May, 2013
Author: Joymalya Bagchi
Bench: Joymalya Bagchi
1
104. May 16, C.R.M. 6207 of 2013 2013 In the matter of : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on April 26, 2013 in connection with Jaigaon Police Station Case No. 15 of 2011 dated January 16, 2011 under Sections 147/148/149/353/427/323/326/307/435 of the Indian Penal Code read with Section 3 of Prevdention of Destruction of Public Property Act;
And In the matter of : Rohit Thapa & anr. ...petitioners.
Versus
State of West Bengal ...opposite party.
Mr. Krishnendu Bhattacharya,
...for the petitioners.
Mr. Sujon Chatterjee,
...for the State.
We have heard the learned advocates appearing for the parties and perused the case diary.
Having considered the materials in the case diary, particularly, the statement of the injured person, which discloses the role of the petitioner no. 2 herein, we are of the opinion that it is not a fit case to grant anticipatory bail to the petitioner no. 2, namely, Suraj Thapa.
The prayer for anticipatory bail made on behalf of the petitioner no. 2 is, thus, rejected.
However, bearing in mind the complicity of the petitioner no. 1 in the alleged crime, we allow the prayer made on behalf of the petitioner no. 1.
We, as such, direct that in the event of arrest of the petitioner no. 1, namely, Rohit Thapa, he shall be released on bail upon furnishing a bond of Rs. 5,000/- (Rupees five thousand) only with one surety of like amount to the satisfaction of the arresting officer, subject to the conditions as laid down in sub-section (2) of Section 438 of the Code of Criminal Procedure.
The application for anticipatory bail is, thus, disposed of.
( Joymalya Bagchi, J. ) dns ( Dipak Saha Ray, J. ) 2