Monaj Sk @ Manoj Sk And ORS v. State Of West Bengal

19.01.2021 Court No.28 rpan / 208 C.R.M. 221 of 2021 (Via Video Conference) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure ;

And In Re : Monaj Sk @ Manoj Sk. & Others ....Petitioners.

Mr. Manas Kumar Das ....for the Petitioners.

Mr. Ranabir Roy Chowdhury, Mr. Mainak Gupta ... for the State.

Apprehending arrest in connection with Burwan P. S. Case No. 105 of 2020 dated 01.04.2020 under Sections 188/147/148/149/326/307 of the Indian Penal Code and Sections 3/4 of the E. S. Act, the petitioners have filed the present application.

The learned advocate appearing for the petitioners submits that there was a dispute between two groups and the petitioners have been falsely implicated. Upon completion of investigation, charge-sheet has also been filed and as such, custodial detention of the petitioners is not warranted. The learned advocate appearing for the State opposes the petitioners' prayer and draws our attention to several documents in the case diary.

Having heard the learned advocates and considering the materials in the case diary and the injury report, we are of the opinion that custodial detention of the petitioners is not necessary. As such, the prayer for anticipatory bail is allowed.

Accordingly, in the event of arrest the petitioners, viz. 1. Monaj Sk @ Manoj Sk., 2. Nasim Sk @ Mojammal Hossain, 3. Paltu Seikh and 4. Polash Sk @ Raoman Jalal Seikh, shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local, 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 221 of 2021, is, thus, disposed of.

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