Mohan Yadav And ORS v. State Of West Bengal

11.01.2021 Court No.28 rpan / 101 CRM 17 of 2021 (Via video Conference) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure ;

And In Re : Mohan Yadav & Others ....Petitioners.

Mr. Amitava Karmakar, Mr. Suman De ....For the Petitioners.

Mr. Narayan Prasad Agarwala, Mr. Ashok Das ... for the State Apprehending arrest in connection with Golabari P. S. Case No. 342 of 2020 dated 15.11.2020 under Sections 341/325/308/506/509/34 of the Indian Penal Code, the petitioners have filed the present application. The learned advocate appearing for the petitioners submits that the petitioners have been falsely implicated in the present criminal proceedings. There are no incriminating materials against the petitioners on record.

Learned advocate appearing for the State denies the contention of the petitioners.

Upon considering the materials in the case diary, the injury report and the extent of complicity of the petitioners in the alleged offences, we are of the opinion that custodial interrogation of the petitioners is not necessary.

Accordingly, we allow the application and direct that in the event of arrest the petitioners shall 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

The application for anticipatory bail, being CRM 17 of 2021, is, thus, disposed of.

(Tirthankar Ghosh, J.) (Tapabrata Chakraborty, J.)