Milan @Mrinal Kanti Pal And ORS v. State Of West Bengal

09.06.2021 tkm/ct 28 C.R.M. 2540 of 2021 sl no. 45 In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Garhbeta P.S case no.

of dated 17.7.2020 under sections 341/323/325/354/506/34 of the IPC And Allowed In Re : Milan @ Mrinal Kanti Pal & Ors.

...... petitioners Mr. Pravas Bhattacharya ...... for the petitioners Mr. Sudip Ghosh Mr. A K Datta Mr. Bitasok Banerjee ...... for the State The application for anticipatory bail under section 438 Cr.P.C has been filed apprehending arrest in connection with Garhbeta P.S Case no. 243 of 2020 dated 17.7.2020 under sections 341/323/325/354/506/34 of the IPC.

It is submitted on behalf of the petitioners that the incident occurred after a complaint was lodged by the petitioners against the victim.

Having considered the materials on record, gravity of the offence and the injury report, this court is of the view that the petitioners have made out a case for anticipatory bail. Accordingly, we direct that in the event of arrest, the petitioners 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 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 while on bail shall not enter the jurisdiction of Garhbeta P.S. until further orders except for the purpose of investigation and attending court proceeding and shall report to the concerned officer in charge within whose jurisdiction they shall reside while on bail once in a week until further orders and shall provide the address where they shall presently reside to the investigating officer as well as court below while on bail. The petitioners shall surrender their passport to the Investigating Officer and if they do not possess a passport shall submit an affidavit to that effect before the Investigating Officer. In the event petitioners fail to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel their bail in accordance with law without further reference to this court.

The application being CRM 2540 of 2021 is disposed of. The parties shall act in terms of the copy of the order downloaded from the official website of this court. (Biswajit Basu, J.) (Rajasekhar Mantha, J.)