Manas Chakraborty and Ors. Vs the State of West Bengal — Calcutta HC (2025) — LawSathi Research

Manas Chakraborty and Ors. Vs the State of West Bengal — Calcutta HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Prayer for relaxation allowed within disposal of CRAN 1 of 2025: requirement not to enter Bhabanipur Police Station jurisdiction waived; petitioners to furnish present residential address to the Investigating Agency and the jurisdictional court and to report once a week to the Officer-in-Charge of the police station of their current residence until further orders; all other conditions of the order dated February 7, 2025 retained.

Issue for consideration

Whether the condition of anticipatory bail requiring the petitioners to stay outside the jurisdiction of the local police station should be relaxed, the petitioners having obtained contractual employment within the Bhabanipur police station and seeking to enter that jurisdiction.

Court's answer

The requirement of the petitioners not to enter the jurisdiction of Bhabanipur Police Station is waived, subject to the petitioners providing the address where they shall presently reside to the Investigating Agency and to the jurisdictional court, and reporting once a week to the Officer-in-Charge of the police station within whose jurisdiction they shall presently be residing, until further orders.

Ratio / Principle

All other conditions imposed by the order dated February 7, 2025 remain unchanged.

Detailed headnote1 paragraphs

Anticipatory bail — relaxation of condition — petitioners granted anticipatory bail by order dated 07.02.2025 in CRM (A) No. 405 of 2025 on condition of remaining outside the jurisdiction of the local police station obtained contractual employment within Bhabanipur police station limits and sought entry into that jurisdiction; investigation concluded and charge-sheet submitted; noting the petitioners are contractual labourers whose livelihood required consideration, the Court (Debangsu Basak and Smita Das De, JJ.) waived the requirement of not entering Bhabanipur Police Station jurisdiction, directed furnishing of the present residential address to the Investigating Agency and the jurisdictional court and weekly reporting to the Officer-in-Charge of the police station of current residence until further orders; all other conditions of the order dated 07.02.2025 retained; CRAN 1 of 2025 disposed of.

1

D/L37

21.03.2025 Rohit ct.no.26

C.R.M. (A) 405 of 2025

With

CRAN 1 of 2025

In Re: An application for relaxation of bail/modifying the condition of bail in the order dated 07.02.2025 passed in CRM (A) No. 405 of 2025

And

In Re: Manas Chakraborty & Ors.

…Petitioners

Mr. Arup Kumar Bhowmick

…for the petitioners

Mr. Debarshi Brahma

…for the State

Mr. Imitaz Ahmed Mr. M. Hossain Chowdhury Ms. Chandrima Debnath

…for the defacto complainant

Report submitted in Court be taken on record.

Petitioners seek relaxation of the condition of anticipatory bail requiring the petitioner to stay outside the jurisdiction of the local police station. 3. Learned Advocate appearing for the petitioner submits that three persons were granted anticipatory bail by the order dated February 7, 2025. Two of such persons who are the petitioners presently, got contractual job within the Bhabanipur police station. Such petitioners seek to enter into the jurisdiction of the Bhabanipur police station.

2

Learned Advocate appearing for the State relies upon the report dated March 13, 2025.

Learned Advocate appearing for the defacto complainant submits that, there are past enmity between the private parties. He submits that such incidents of assault are continuing over a period of time. He opposes the prayer for relaxation.

Police concluded the investigation and submitted charge-sheet.

Apparently, petitioners are contractual labourers.

Their livelihood is also to be looked into.

In such circumstances, we waive the requirement of the petitioners not to enter the jurisdiction of Bhabanipur Police Station and to provide the address where they shall presently reside to the Investigating Agency as also to the jurisdicitional court and to report to the Officer-in-Charge of the police station within whose jurisdiction they shall presently be residing once a week until further orders.

All other conditions in the order dated February 7, 2025 will remain the same.

Accordingly, CRAN 1 of 2025 is disposed of. .

(Debangsu Basak, J.)

(Smita Das De, J.)