Minajul Biswas And ORS v. State Of West Bengal

20.04.2022 Serial no.25 Aloke CRM (A) 1782 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Deganga Police Station Case No. 169 of 2022 dated 14.03.2022 under Sections 448/509/323/325/308/354B/34 of the Indian Penal Code. -AndIn the matter of : Minajul Biswas & Ors. ... ... Petitioners Mr. Sumanta Chakraborty, Advocate ... ... For the Petitioners Mr. S.S. Imam, Advocate Mr. Arabinda Manna, Advocate ... ...For the State Petitioners pray for anticipatory bail.

Learned advocate appearing for the petitioners submits that in view of the petitioner no. 4 being a juvenile, he is not pressing the petition for the petitioner no. 4. In such circumstances, CRM (A) 1782 of 2022 is dismissed as not pressed so far as petitioner no. 4 is concerned. Learned Advocate appearing for the State draws the attention to the materials in the case diary. Considering the gravity of the offence and the involvement of the petitioners therein as transpiring from the materials in the case diary, we are inclined to grant anticipatory bail to petitioner nos. 1 (Minajul Biswas), 2 (Saidul Biswas) and 3 (Tutu Biswas).

Accordingly, we direct that in the event of arrest the petitioner nos. 1 (Minajul Biswas), 2 (Saidul Biswas) and 3 (Tutu Biswas) shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only), each with two sureties of like amount each, 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

condition that the petitioner nos. 1 (Minajul Biswas), 2 (Saidul Biswas) and 3 (Tutu Biswas) will report before the Investigating Officer once in a fortnight till the conclusion of the investigation and on condition that the petitioner nos. 1, 2 and 3 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 nos. 1, 2 and 3 in Court including cancelling the anticipatory bail granted without further reference to this Court.

The prayer for anticipatory bail of the petitioner nos. 1 (Minajul Biswas), 2 (Saidul Biswas) and 3 (Tutu Biswas) is allowed.

CRM (A) 1782 of 2022 is disposed of.

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