Manoj Bauri And ORS v. State Of West Bengal

61.

15-09-2021 (ct. no.32) KOLE Allowed CRM 2644 of 2021 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Jamuria Police Station Case No. 380 of 2020 dated 22.12.2020 under Sections 341/447/323/308/435/379/506/34 of the Indian Penal Code.

- A n d - In the matter of : Manoj Bauri & Ors.

.... Petitioners.

Mr. A. K. Datta, Mr. K. Banerjee, ... For the Petitioners.

Mr. I. Kabir, ... For the State.

The allegation is that the petitioners went to the factory premises of a company in 3/4 cars/motorcycles, ransacked the factory and fled with some money.

The petitioners say that this is a politically motivated complaint. They have no involvement in the alleged incident. The State opposes the prayer for anticipatory bail. Our attention has been drawn to the injury report. There does not appear to be any significant injury that has been caused to any of the victims. We have also considered the seizure list. On an overall assessment of the material on record and the nature and gravity of the alleged offence, although charge sheet is yet to be submitted, we are of the view that immediate custodial interrogation of the petitioners is not necessary so long as they are prepared to cooperate with the Investigating Officer.

Accordingly, in the event of arrest, the petitioners, namely, Manoj Bauri, Rabin Bauri, Shrikanta Bauri, Ujjal Bauri, Samir Bauri, Prabhat Bauri, Sanjoy Bauri, Kajal Bauri and Pranab Bauri 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 shall report to the Investigation Officer once every week and shall abide by the conditions laid down in Section 438 (2) of the Code of Criminal Procedure until further orders.

In the event the petitioners fail to adhere to any of the conditions stipulated in Section 438 (2) of the Code of Criminal Procedure, the learned Court below will be at liberty to cancel the anticipatory bail without further reference to this Court. The application for anticipatory bail being CRM 2644 of 2021 is, thus, allowed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. ( Bivas Pattanayak, J. ) ( Arijit Banerjee, J. )