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Calcutta High CourtCRM (A)/1270/2023allowed

Gopal Chandra Mahato v. State Of West Bengal

2023-03-28Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

28.03.2023 Ct. No. 29 CHC Allowed C.R.M.(A) 1270 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Tamna Police Station Case No. 209 of 2022 dated 13.11.2022 under Sections 379/411/414/120B of the Indian Penal Code read with Section 21(1)(4) of Mines and Minerals ( Development and Regulation) Act, 1957.

And In the matter of : Gopal Chandra Mahato ...... petitioner Mr. Navanil De, Mr. Rajeshwar Chakraborty, Mr. Srinjan Ghosh, Mr. Subhrajit Dey, Ms. Monami Mukherjee ....for the petitioner Mr. Sudip Ghosh, Mr. Bitasok Banerjee ....for the State Police filed charge-sheet.

Apparently, sand was being carried unauthorisedly on the vehicle belonging to the petitioner.

In view of the police filing charge-sheet, 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 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 petitioner shall appear on every date 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. This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)