Shyam Halder And ORS v. State Of West Bengal

26.08.2021.

1.

As/Akd (Allowed) C.R.M. 1750 of 2021 (Via Video Conference) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Malda P.S. Case No.227 of 2019 dated 15.04.2019 under Sections 341/323/325/324/308/34 of the Indian Penal Code. In the matter of : Shyam Halder & Ors. ... Petitioners. Ms. Sujata Das.

.....for the Petitioners.

Mr. S. S. Imam, Mr. Arabinda Manna.

.....for the State.

Leave is granted to correct the preamble and the name of the accused No.2 of the instant application here and now. Apprehending arrest in connection with Malda P.S. Case No.227 of 2019 dated 15.04.2019 under Sections 341/323/325/324/308/34 of the Indian Penal Code, the petitioners have filed the instant application for anticipatory bail.

It is submitted on behalf of the petitioners that coaccused person has been granted anticipatory bail. Learned counsel appearing for the State opposes the prayer for anticipatory bail.

We have considered the materials on record and bearing in mind the extent of complicity of the petitioners in the alleged crime and as co-accused person has been granted anticipatory bail, we are inclined to extend the same privilege to the petitioners.

Accordingly, we direct that in the event of arrest the petitioners shall be released on anticipatory 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 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 before the Court below and pray for regular bail within four weeks from date. This application for anticipatory bail is, thus, allowed. The application for anticipatory bail, being CRM 1750 of 2021, is thus disposed of.

(Harish Tandon, J.) (Bibek Chaudhuri,J.)