Mritunjoy Dutta And ANR v. State Of West Bengal

25.01.2024 Serial no. 21 Anticipatory Bail [Allowed] Dd CRM (A) 228 of 2024 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Chandannagore Police Station Case No. 246 of 2022 dated 15.11.2022 under Sections 447/461/427/120B/201 of the Indian Penal Code, 1860.

(G.R. Case No. 1948 /2022 ) -AndIn the matter of : Mritunjoy Dutta & Anr. ... ... Petitioners Mr. Arnab Chatterjee, Mr. Rohan Raj, Advocates ... ... For the Petitioners Mr. Rudradipta Nandy, APP Mr. S.S. Saha, Advocates ... ...For the State Police filed charge sheet.

There are close circuit video footages available of the incident.

Apparently, such video footage suggests that the place was set on fire by the petitioners.

However, police did not charge petitioner under Section 436 of the Indian Penal Code, 1860.

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 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 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) 228 of 2024 is disposed of.

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