Shib Sadhan Sadhu, J. - (1.) BY preferring the present application under Article 227 of the Constitution of India read with Section 439(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C. for brevity) the petitioner has prayed that the order dated 25.02.2015 passed by the Learned Additional Chief Judicial Magistrate, Bidhannagar, North 24 -Parganas granting bail to the accused persons in connection with Bidhannagar South Police Station Case No. 26 of 2015 dated 16.02.2015 under Sections 188/454/380/427/406/506/341/120B IPC in G.R. Case No. 146 of 2015 be set aside.
(2.) THE factual matrix which gave rise to the present application is as follows: - An offence was registered being No. 26/15 dated 16.02.2015 under the provisions of Sections 188/454/380/427/406/506/341/120B of the IPC. As per the F.I.R. lodged on 16.02.2015 the de -facto complainant is the Director of Strategic Management Technology Consultants. His said organization is a lawful tenant of HB -217, Sector -III, Salt Lake City, Ground Floor, Kolkata -700106 comprising of two rooms, one Hall, Kitchen, two toilets and one verandah. An institute for teaching B.B.A.(H) and M.B.A. affiliated to West Bengal State University, Barasat is run in the said premises. Examinations are also held in that premises. The answer sheets and other important and confidential documents were kept therein. Also various books, journals, computers and other electronic gadgets and furniture including cash of Rs. 1,00,000/ - (Approx.) were kept in the said premises. The O.P. No. 2 Bikramjit Ghosh threatened the complainant to vacate the premises for which he lodged a diary on 9th December, 2014 which was entered as Bidhannagar South P.S. G.D. Entry No. 672 of 2014. The complainant also filed one proceeding under Section 144 Cr.P.C. and order was passed on 14.01.2015. A report in respect of possession was submitted by police on 28.01.2015 before the Learned Magistrate. It has been further alleged that on 16.02.2015 around 12.30 p.m. an employee of the organization found that the office furniture were stacked near the main entrance obstructing the door of entrance. The complainant reported about the criminal activities of the O.P./accused in P.S. and police helped him to enter into the premises. He found that the rooms were thoroughly devastated and the educational materials were destroyed. Also the premises was locked from inside. He was again warned by the O.P. Nos. 2 & 3 with the assistance of unknown persons that they would kill him and his wife if he could proceed further. They committed trespass into the demised premises in the night during his absence and damaged his belongings and ousted him forcibly and put the premises under lock and key. No eviction suit has been filed against him and the O.P./accused were armed with deadly weapons and took the law in their own hand. On 25.02.2015 the case record was put up as the O.P./accused surrendered and the Learned Additional Chief Judicial Magistrate, Bidhannagar granted bail to them considering that the Sections are bailable.
(3.) MR . Rajdeepp Majumder, Learned Counsel, appearing on behalf of the petitioner submitted that the impugned order of granting bail is ex facie, illegal, bad, without jurisdiction and without application of mind leaving a room for doubt that such bail was granted for some extraneous consideration. He further submitted that the Learned Magistrate has no authority to treat the non -bailable offence as bailable. It was his further submission that the accused persons are influential and they are threatening the petitioner and his wife. Therefore, according to him, the impugned order being unjustified, illegal and perverse is liable to be quashed. He relied on the decision reported in : 2015(1) Crimes 40 (SC) (Neeru Yadav V. State of U.P. and Anr.) in order to substantiate his submission.;