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2025 DAILYLAW 4080 (CAL)

AVIJIT PATRA AND ANR v. THE STATE OF WEST BENGAL

CRM (A)/21/2025 · 2025-01-06

Gaurang Kanth, Joymalya Bagchi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

06.01.2025 34 as [ALLOWED] C. R. M. (A) 21 of 2025 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Parnashree Police Station Case No. 781 of 2024 dated 28.11.2024 under Sections 331(3)/305/54/351(2) of the BNS, 2023. In Re: Sri Avijit Patra & Anr. … … Petitioners Mr. Dipanjan Chatterjee, Ms. Sumita Sarkar, Mr. Anikrban Dutta, Mr.A. Ghoshal, Mr. Kakon Das. … … for the Petitioners Mr. Soumik Ganguly, Mr. Aritra Bhattacharya. … … for the State 1. Petitioners submit their grandfather was the owner of the shop. De-facto complainant had left the premises earlier. Subsequently, he implicated the petitioners in the present case. Accordingly, they pray for anticipatory bail. 2. Learned Advocate for the State opposes the prayer for anticipatory bail. He contends de-facto complainant was a tenant in the premises and had been forcibly evicted. His properties have been stolen. 3. We have considered the materials on record. Though de- facto complainant alleges he had been forcibly evicted by the petitioners and his properties have been stolen, no document showing subsisting tenancy between the parties is placed on record. Signed By : ALOK SETH High Court of Calcutta 8 th of January 2025 06:08:25 PM 2 4. Under such circumstances, we are of the opinion custodial interrogation of the petitioners is not necessary but petitioners require to co-operate with the investigation. 5. Accordingly, we direct that in the event of arrest, the petitioners viz., Sri Avijit Patra and Sri Shyamapada Das @ Shyamal Das be released on bail upon furnishing a bond of Rs.10,000/- each, with two sureties of like amount each, to the satisfaction of the Arresting Officer and also subject to the conditions as laid down under Section 482(2) of the BNSS and on further condition petitioners while on bail shall meet the Investigating Officer once in a week until further orders. They shall appear before the jurisdictional court and pray for regular bail within four weeks from date. 6. The application for anticipatory bail is, thus, disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By : ALOK SETH High Court of Calcutta 8 th of January 2025 06:08:25 PM