Amitava Dalui v. State Of West Bengal

28.01.2022 Serial no. 32 Dd (Through Video Conference) CRM(A) 377 of 2022 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Falta Police Station Case No. 99 of 2021 dated 17.05.2021 under Sections 341/326/307/34 of the Indian Penal Code corresponding to G.R. No. 1237 of 2021.

-AndIn the matter of : Amitava Dalui ... Petitioner Mr. Pinak Kumar Mitra, Advocate ... ... For the Petitioner Mr. Prasun Kr. Dutta, ld. APP Mr. Subrato Roy, Advocates ... ...For the State Petitioner seeks anticipatory bail.

Learned advocate appearing for the petitioner submits that other co-accused was granted anticipatory bail by a coordinate Bench in CRM 5257 of 2021 dated December 14, 2021 and that few other co-accused were granted anticipatory bail in CRM 8770 of 2021 on December 22, 2021 by this Bench.

Learned advocate appearing for the State submits that the principal assailant is Mongal Mondal. Considering the statements recorded under Section 164 of the Code of Criminal Procedure and considering the fact that other co-accused was granted anticipatory bail, we are inclined to grant anticipatory bail to the petitioner. Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only), 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 shall appear before the Court below and pray for regular bail within a period of four weeks from date and on further condition that the petitioner shall meet the Investigating Officer once in a month till completion of investigation.

Prayer for anticipatory bail is allowed.

CRM(A) 377 of 2022 is disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)