Calcutta High Court (Appellete Side)
Ray vs The State Of West Bengal on 24 April, 2014
Author: Indrajit Chatterjee
Bench: Jayanta Kumar Biswas, Indrajit Chatterjee
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 CRM No.2427 of 2014 Haradhan Pal, Binoy Pal, Joydeb Pal, Pabitra Pal, Saikat Pal, Rajib Mondal, Manik Bagdi, Khetranath Pal, Apurba Pal, Biswanath Pal, Shibu Mondal, Paresh Ray, Pradip Pal, Ashok Banerjea & Santa Ghorui v.
The State of West Bengal
Mr. Milon Mukherjee
Mr. Soumik Ganguly ... for the petitioners.
Mr. Angshuman Chakraborty ... for the State.
Heard on :- April 24,2014.
Order on :- April 24,2014.
Jayanta Kumar Biswas, J:- The fifteen petitioners in the CRM saying that they are apprehending arrest in connection with Coke Oven P.S.Case No.112 of 2013 dated July 13,2013 under ss.147/148/149/341/325/308/379 IPC are seeking bail under s.438 CrPC.
Mr. Mukherjee appearing for the petitioners has submitted as follows. On July 11,2013 an incident happened. On July 13,2013 the ninth petitioner instituted a case against the de facto complainant in Barajora police station in the district Bankura. All the petitioners are residents of the district Bankura. On July 13,2013 the de facto complainant instituted the case in Coke Oven police station in the district Burdwan. The accusation was that one Alomoy and the petitioners together came from Bankura in two Tata Sumo cars, attacked the de 2 facto complainant's brother, robbed the man of his motor bike, severely injured the man and ran away. The charge-sheet has been submitted. Alomoy has been discharged on the grounds that on that day he was present in his office and working there. The victim went to the government hospital that recorded no injury. For unknown reasons he was shifted to a private hospital that issued injury reports. Within seven days the victim surrendered in the case instituted by the ninth petitioner. The case has been instituted making false allegations and the falsehood is evident. Hence the petitioners are entitled to anticipatory bail.
Advocate for the State has produced the case diary and referred to the injury reports at pp.17,18,19 and 23-27. He also referred to the statements of the witnesses on the basis whereof the charge-sheet has been submitted.
Alomoy's involvement in the incident and participation in the attack stated by the victim and the other witnesses has disappeared from the case, because the investigating officer did not send him up for trial on the grounds that on that date he was present in office and working there. The motor bike allegedly robbed by the accused in the case was found intact. The government hospital where the victim went first did not record any injury caused by anyone. The injury reports issued by the private hospital do not contain anything remarkable. The case was instituted on the same day on whose earlier part the ninth petitioner instituted the case at Barajora police station. The FIR was registered within two hours of the incident. Names, etc. of all the sixteen accused in the case were given, though they were residents of a different district. All these facts make a forceful argument that the case has been instituted making false allegations only as a counterblast to the case instituted by the ninth petitioner. We are of the opinion that it will be appropriate to grant the petitioners 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.3
sh ( Jayanta Kumar Biswas, J)
(Indrajit Chatterjee, J)