Ramesh Mandal v. State Of West Bengal

CRM (A) 1685 of 2022 13.04.2022 Sl. 09 Court No.29 suvayan (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Bagdah P.S. Case No.

31/2017 dated 12/01/2017 under Sections 341/323/325/354B/306/116/34 of the Indian Penal Code, 1860.

And In the matter of: Ramesh Mandal ....petitioner.

Mr. Susnigdho Bhattacharyya ...for the petitioner.

Mr. S. G. Mukherjee, Ld. PP Mr. Bidut Kuamr Roy Ms. Sima Biswas ...for the State.

The written instructions to the Advocate for the State submitted before the Court by him be taken on record. Petitioner seeks anticipatory bail.

Learned Advocate appearing for the petitioner submits that the petitioner was falsely implicated.

Learned Public Prosecutor on instructions from the Investigating Officer who is present in Court, submits that the investigating agency will submit a supplementary charge-sheet deleting Section 306/116 and submitting appropriate provisions of the Indian Penal Code.

Considering the fact that the materials in the case diary and considering the gravity of the offence and the involvement of the petitioner therein and considering the stand of the State as noted above, we deem it appropriate to the petitioner enlarge on anticipatory bail.

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 shall not enter into the jurisdiction of the Bagdah Police Station 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) 1685 of 2022 is, thus disposed of.

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