Calcutta High Court (Appellete Side)
Nihar Ranjan Saha vs The State Of West Bengal on 9 December, 2013
Author: Jayanta Kumar Biswas
Bench: 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 Dr Mrinal Kanti Chaudhuri C.R.M. No.15229 of 2013 Nihar Ranjan Saha
-vs-
The State of West Bengal Mr. Debashis Roy Mr. Jayanta Narayan Chatterjee Mr. Bitashok Banerjee ...for the petitioner Mr. Arnab Chatterjee ... for the State Mr. Ujjawal Roy ...for the de facto complainant Heard on : December 9, 2013 Order on : December 9, 2013 Jayanta Kumar Biswas, J : The petitioner accused of offences under ss.147/148/149/323/325/307/354B/379/427/506/34 IPC, ss.25/27 Arms Act and s.9B Explosives Act and in custody from October 30, 2013 is seeking bail under s.439 CrPC.
The court below has refused bail on November 7, 2013 referring to the nature of the offences.
Advocate for the petitioner has submitted as follows. In the FIR five persons were named saying that they were accompanied by 15-16 unknown persons. The incident took place in connection with a property dispute. In an order of this court granting anticipatory bail to co-accused reference was made to a GD Entry. The GD Entry will reveal that the incident took place in front of police.
2Advocate for the State producing the case diary has referred to the statements of the injured at pp.7 and 9, the seizure list at p.17, the injury reports at pp.32 and 33 and the GD Entry at p.34.
Advocate for the de facto complainant has submitted that being an influential person bail will provide the petitioner an opportunity to tamper with the evidence.
The statements of the injured read with the injury reports reveal that the injuries were simple in nature. The GD Entry at p.34 reveals that the incident took place in the presence of police. The case diary materials show that things happened in connection with a property dispute.
After considering all aspects, we are of the view that it will be appropriate to grant the petitioner bail.
For these reasons, we allow the CRM and direct that the petitioner shall be released on bail on a `20,000 bond with two sureties (one local) of `10,000 each - all to the satisfaction of ACJM, Chandernagore; and that if released, he shall report to the investigating officer, during investigation, once a week. Certified xerox.
(Jayanta Kumar Biswas, J) (Dr. Mrinal Kanti Chaudhuri, J) sb