Sashanka Adhikary And ANR v. State Of West Bengal

CRM 1064 of 2021 g.b.

25.05.2021 Court No.28 Allowed In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure;

And In Re: Sashanka Adhikary & Anr.

Petitioners Mr. K. Mukherjee Mr. Anurag Sardar For the Petitioners Mr. S. G. Mukherjee, Ld. P. P.

Ms. Faria Hossain Mr. Aniket Mitra For the State Apprehending arrest the petitioners have filed the instant application praying for anticipatory bail.

It is submitted by the learned advocate for the petitioners that they were falsely implicated in this case due to political vendetta.

No overt act is attributed to the petitioners. Learned Public Prosecutor has opposed the prayer for bail.

We have perused the case diary carefully, specially the statement of a witness recorded under Section 164 of the Code of Criminal Procedure. The names of the petitioners do not appear in such statement under Section 164 of the Code. Under such conspectus we are inclined to grant the benefit of Section 438 of the Code of Criminal Procedure to the

petitioners. As such, the prayer for anticipatory bail of the petitioners is allowed.

Accordingly, we direct that in the event of arrest the petitioners, namely, Sashanka Adhikary and Tapan Mondal, 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 C.R.M. 1064 of 2021 is, thus, disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Bibek Chaudhuri, J.) (Tapabrata Chakraborty, J.)