Rajib Banerjee And ORS v. State Of West Bengal

20.01.2023 Serial no. 09 [Dd] (Anticipatory Bail) (Allowed) CRM (A) 274 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Tamluk Police Station Case No. 1104 of 2022 dated 05.12.2022 under Sections 420/406/376/506/34 of the Indian Penal Code. (G. R. no. 3542 of 2022) -AndIn the matter of : Rajib Banerjee & Ors. ... ... Petitioners Mr. Subimal Ghorai, Advocate ... ... For the Petitioners Mr. Sudip Ghosh, Mr. Bitasok Banerji, Advocate ... ...For the State Co-accuseds standing on the same footing was enlarged on anticipatory bail.

In such circumstances, considering the involvement of the petitioners in the incident alleged, we are inclined to 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 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 and 2 shall report before the Investigating Officer once in a month till the conclusion of the investigation and petitioner no. 3 shall cooperate with the investigation till its completion and on further 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. Prayer for anticipatory bail of the petitioners is allowed. CRM (A) 274 of 2023 is disposed of.

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