Calcutta High Court (Appellete Side)
Gaji vs The State Of West Bengal on 3 April, 2014
Author: Jayanta Kumar Biswas
Bench: Indrajit Chatterjee, Jayanta Kumar Biswas
1 In The High Court At Calcutta Criminal Miscellaneous Jurisdiction Appellate Side Present : The Hon'ble Mr Justice Jayanta Kumar Biswas and The Hon'ble Mr Justice Indrajit Chatterjee C.R.M. No.4616 of 2014 Sk. Saiful, Sk. Mustakin, Sk. Safikul, Sk. Rafikul, Boro Kalo, Choto Kalo, Sk. Sori Begum, Gaji, Sk. Saheb, Sk. Ramjan & Sk. Taru
-vs-
The State of West Bengal Mr. Bikash Ranjan Bhattacharya Mr. U.S. Chattopadhyay Mr. R.S. Chattopadhyay Mr. Santanu Majhi ...for the petitioners Ms. Ratna Ghosh ...for the State Heard on: April 3, 2014 Order on: April 3, 2014 Jayanta Kumar Biswas, J : The eleven petitioners in the CRM saying that they are apprehending arrest in connection with Jagatballavpur P.S. Case No.46 of 2014 dated February 16, 2014 under ss.447/325/326/ 354A/379/34 IPC (s.308 IPC added subsequently) are seeking bail under s.438 CrPC.
Advocate for the petitioners has submitted as follows. The petitioners are leaders and supporters of a political party. The case has been instituted as a counterblast to Jagatballavpur P.S. Case No.45 of 2014 dated February 16, 2014 under ss.323/325/379/506 IPC. The allegations against the petitioners are utterly false. The document at p.10 will show that on March 10, 2014 there was no injury report in the case diary. The petitioners should be granted anticipatory bail.
Advocate for the State has produced the case diary and referred to the injury report therein.
2The de facto complainant is the wife of a person who was allegedly injured by the accused in the case. The injury reports reveal cut injury on cheek of one victim and a cut injury on the forehead of the other victim. There is nothing remarkable in the injury reports. The de facto complainant herself stated that the injured and their people went to protest against a road building by the accused in the case.
It is evident from the case diary materials that the de facto complainant party made an attempt to take the law into their own hands and thus created the trouble. The possibility of creating a deliberate trouble for political reasons cannot be brushed aside. If there was a genuine case for protest, the people creating the trouble ought to have taken the lawful course. Instead of that, they went to show their muscle power.
On the facts and in view of the case instituted by the petitioners' people, we think all the petitioners should be granted anticipatory bail.
For these reasons, we allow the CRM and direct that in the event the petitioners are arrested in connection with the case, they shall be released on bail to the satisfaction of the arresting officer. Certified xerox.
(Jayanta Kumar Biswas, J) (Indrajit Chatterjee, J) sb