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Calcutta High CourtCRM/4344/2021allowed

Joydeb Mondal v. State Of West Bengal

2021-12-13Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Bivas Pattanayak2 pages

13.12.2021 Serial no. 48 Dd (Through Video Conference) CRM 4344 of 2021 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Sainthia Police Station Case No. 59 of 2021 dated 08.04.2021 under Sections 147/148/149/323/324/325/326/307/427/379 of the Indian Penal Code read with Sections 25/27 of the Arms Act & 3/4 of the Explosive Substances Act.

-AndIn the matter of : Joydeb Mondal ... Petitioner Mr. T. Acharya, Mr. Abdur Rakib, Advocates ... ... For the Petitioner Mr. S. G. Mukherjee, ld. PP Ms. Faria Hossain, Ms. Sonali Das, Advocates ... ...For the State It is submitted on behalf of the petitioner that he has been falsely implicated in the instant case.

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

We have considered the materials on record, including the injury report. Keeping in view the aforesaid facts and the extent of complicity of the petitioner in the alleged crime, we are inclined to 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 before

the Court below and pray for regular bail within a period of four weeks from date.

This application for anticipatory bail is, thus, allowed. (Joymalya Bagchi, J.) (Bivas Pattanayak, J.)