Lakhiram Baski And ORS v. State Of West Bengal

CRM (A) 2062 of 2022 10.05.2022 Sl. 07 Court No.29 suvayan (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Md. Bazar P.S. Case No. 51 of 2022 dated 20/02/2022 under Sections 147/148/149/186/333/334/341/353/427/506/34 of the Indian Penal Code.

And In the matter of: Lakhiram Baski & Ors.

....petitioners.

Mr. Arindam Jana Mr. Sudipta Dasgupta Mr. Bikram Banerjee Mr. Arkadeb Biswas Mr. Sutirtha Nayek ...for the petitioners.

Mr. Saibal Bapuli Mr. Soumik Ganguli ...for the State.

Petitioners seek anticipatory bail.

Learned Advocate appearing for the petitioners submits that two police complaints were lodged in respect of the same incident. The two police complaints are Md. Bazar Police Station case no.51 of 2022 and Md. Bazar Police Station case no.52 of 2022. In respect of Md. Bazar Police Station case no.52 of 2022, the petitioners were enlarged on anticipatory bail. Learned Advocate appearing for the State draws the attention of the Court to the materials in the case diary. Considering the fact that two police complaints were lodged in respect of the same incident and considering the fact that the petitioners were enlarged on anticipatory bail on Md. Bazar Police case no.52 of 2022 by the jurisdictional Court, we 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 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 fortnight 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.

Accordingly, the prayer for anticipatory bail of the petitioners is allowed.

CRM (A) 2062 of 2022 is, thus disposed of.

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