Tinku Mondal @ Ohidul Islam @ Ohidul v. State Of West Bengal

CRM (A) 1590 of 2022 08.04.2022 Sl. 06 Court No.29 suvayan (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Domkal P.S. Case No. 125 of 2022 dated 04/03/2022 under Sections 447/307/120B/34 of the Indian Penal Code read with Section 3/4 Explosive Substance Act.

And In the matter of: Tinku Mondal @ Ohidul Islam @ Ohidul ....petitioner.

Md. Golam Nure Imrohi ...for the petitioner.

Mr. Swapan Banerjee Mr. Anindya Sundar Chatterjee ...for the State.

Petitioner seeks anticipatory bail.

Learned Advocate appearing for the petitioner submits that the petitioner stands in the same footing as that of two other coaccuseds who were granted anticipatory bail by the Sessions Judge.

Learned Advocate appearing for the State draws the attention of the Court to the statement of the eyewitnesses recorded under Section 161 of the Criminal Procedure Code. The statement of the eyewitnesses recorded under Section 161 of the Criminal Procedure Code names the petitioner and two other co-accuseds to be involved in the incident of hurling improvised explosive devices. However, such two co-accuseds were granted anticipatory bail by the jurisdictional Court. Consequently, we 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioner will report before the Investigating Officer once in a fortnight till the conclusion of the investigation and on condition that the petitioner shall appear every day 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 petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.

Accordingly, the prayer for anticipatory bail of the petitioner is allowed.

CRM (A) 1590 of 2022 is, thus disposed of.

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