Binoy Kumar Barman And ORS v. State Of West Bengal

29.04.2022 Serial no.7 Aloke Ct. No. 29 CRM (A) 1934 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Balurghat Police Station Case No. 170 of 2022 dated 28.02.2022 under Sections 143/447/427/323/506/186/188/189/353 of the Indian Penal Code read with Section 3 of the Prevention of Damage to Public Property Act, 1984 read with Section 8B of the National Highway Act, 2013 read with Section 9 of the West Bengal Maintenance of Public Order Act, 1972. -AndIn the matter of: Binoy Kumar Barman & Ors. ... ...Petitioners Mr. Kallol Mondal, Advocate Mr. Krishendu Bhattachartya, Advocate Mr. Rajdeep Majumder, Advocate Mr. Lokenath Chatterjee, Advocate Mr. Gouranga Kr. Das, Advocate Mr. Goutam Kr. Dey, Advocate Mr. Somenath Ghosh, Advocate Mr. Priyankar Ganguly, Advocate ... ... For the Petitioners Mr. Rudradipta Nandy, Advocate ... ... For the State Petitioners pray for anticipatory bail.

Learned Advocate appearing for the petitioners submits that the petitioners were part of a political rally protesting against certain issues whereupon the police complaint was lodged.

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 the petitioners.

Accordingly, we direct that in the event of arrest the petitioners 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 petitioners will report before the Investigating Officer once in a month till the conclusion of the investigation and on condition that the petitioners 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 petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court.

The prayer for anticipatory bail of the petitioners is allowed.

CRM (A) 1934 of 2022 is disposed of.

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