Chandan Nath And ORS. v. State Of West Bengal

09.01.2024 Item No.221(D.L.) Ct.No.29 dc.

Allowed C.R.M. (A) 19 of 2024 In Re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Gopiballavpur Police Station Case No. 114 of 2023 dated 14.12.2023 under Sections 448/427/325/307/506/34 of the Indian Penal Code.

And In Re :

Chandan Nath & Ors.

... Petitioners.

Mr. S. D. Mahapatra, Ms. M. Sinha ... For the Petitioners.

Mr. Sujan Chatterjee ... For the State.

Petitioners pray for anticipatory bail.

Petitioners claim that they were falsely implicated, since they were protesting against the overloading of trucks. Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary. Injuries suffered were not classified as grievous hurt. Apparently, there was an incident with regard to sand mining.

In such circumstances we grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only) 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 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioners will report before the Investigating Officer once in a month till the conclusion of the investigation and on condition that the petitioners shall appear on every date before the jurisdictional court on and from the date fixed for appearance of the accused and in default, the jurisdictional court will pass appropriate order to secure the presence of the petitioners in court including cancelling the anticipatory bail granted without further reference to this Court. The application for anticipatory bail is, thus, allowed. CRM(A) 19 of 2024 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)