Biswajit Roy And ORS v. State Of West Bengal

13.01.2023 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 140 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with English Bazar Police Station Case No. 1290 of 2022 dated 16.08.2022 under Sections 143/149/186/353/447/341 /506/435/283/505(1)/109 of the Indian Penal Code read with Section 9 of the West Bengal Maintenance of Public Order Act, 1972 and Section 18 of the West Bengal Highway Act and Section 32 of the Police Act.

And In Re : Biswajit Roy & Ors.

...... petitioners Mr. Rajendra Banerjee ....for the petitioners Mr. Sudip Ghosh Mr. Bitasok Banerjee ....for the State There is a claim for parity.

That apart, there is no medical evidence of any injury suffered.

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/- each, with two sureties of like amount each, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner nos. 1 (Biswajit Roy) and 3 (Pradip Mandal) shall

meet the Investigating Officer once a month till the conclusion of the investigation and petitioner no. 2 (Narayani Banerjee (Halder) shall cooperate with the Investigating Officer 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.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)