Sk Rajib And ORS v. State Of West Bengal

07.06.2022 tkm/ct 28 C.R.M. (A) 2356 of 2022 sl no.52 In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Sadaipur P.S case no. 58 of 2019 dated 21.6.2019 under sections 147/148/149/323 of the Indian Penal Code read with section 3/4 of the Explosive Act and section 25/27 of the Arms Act And Allowed In Re : Sk. Rajib & Ors.

...... petitioners Mr. Somnath Banerjee Mr. P Roy ...... for the petitioners Mr. S Bapuli Mr. Arani Bhattacharya ...... for the State It is submitted on behalf of the petitioners that there was free fight amongst two groups and they have been falsely implicated in the instant case.

Learned lawyer for the State opposes the prayer for anticipatory bail.

We have considered materials on record. Allegation of physical assault is not supported by medical papers. Recovery of explosives is also not from the custody of the petitioners. Under such circumstances and keeping in mind the extent of complicity of the petitioners in the alleged crime and as investigation is complete, 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/- 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.

Petitioners shall appear before the court below and prays for regular bail within four weeks from date.

The application being CRM (A) 2356 of 2022 is disposed of. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)