Sk Danger And Others vs State Of West Bengal

The petitioners seek anticipatory bail in connection with Kankartala Police Station Case No.21 of 2017 dated April 1, 2017 under Sections 147/148/149/333/353/379/307 of the Indian Penal Code, Sections 3 and 4 of E.S. Act, Section 9 of the Maintenance of Public Order Act, Sections 25/27/35 of the Arms Act and Sections 3 and 4 of the Prevention of Damage to Public Property Act.

The present petition has been filed pursuant to the liberty granted by an order dated August 27, 2018.

It is the submission of the State that the petitioners had violated one of the conditions previously attached that the petitioners would not enter any place within Birbhum District, except attending the court and meeting the investigating officer when called. The State refers to records obtained from service providers demonstrating that the mobile telephones used by the petitioners reveal that they had entered Birbhum District on several occasions during the time that the condition was imposed.

At first, the petitioners contended that merely because a tower on the Bengal-Jharkhand border indicated that the petitioners or the mobile telephones of the petitioners were within the range of such tower, it would not imply that the petitioners had violated the condition imposed since the range of the tower could also reach parts of Jharkhand and beyond Birbhum District.

However, it does not appear that such explanation can be accepted in view of the precise GPS technology now in place that can identify the exact location of a mobile telephone and, consequently, the carrier thereof. The petitioners submit unconditionally that the petitioners will abide by any stringent condition that may be imposed and will keep themselves outside Birbhum District if such condition is imposed again. The State says that the petitioners are notorious criminals and have dismal antecedents.

The petitioners are entitled to another chance and are found to be entitled to anticipatory bail, as long as they comply with the conditions stipulated hereinbelow. The benefits conferred in terms of this order may be enjoyed if the petitioners do not enter any place within the jurisdiction of Burdwan and Birbhum Districts till the completion of the trial except for the purpose of attending court and for answering the specific calls made by the investigating officer.

Accordingly, in the event of arrest, the petitioners are directed to be released on bail upon furnishing bonds of Rs.10,000/- (Rupees Ten Thousand Only) each, with two sureties of Rs.5,000/-(Rupees Five Thousand Only) each, one of whom must be local, to the satisfaction of the arresting officer, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. In addition, the petitioners will also report to the investigating officer at such time and place as may be specified by the concerned police officer, till the investigation is completed.

It will be imcumbent on the petitioners to first disclose each of their mobile telephone numbers to the arresting officer and furnish individual undertakings that the petitioners would use only such mobile numbers and no other during the currency of this order.

The petition for anticipatory bail is allowed on the conditions indicated above.

A certified copy of this order be immediately made available to the petitioners, subject to compliance with all requisite formalities.