Pradip Biswas @ Pabitro Biswas v. State Of West Bengal

30.05.2022 (Vacation) SL No.86 Ct. 5 Saswata CRM (A) 2442 of 2022 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Gazole P.S. Case No. 151/2020 dated 10.03.2020 under Sections 376/511/323 of the Indian Penal Code 1860.

And In the matter of: Pradip Biswas @ Pabitro Biswas ....Petitioner Mr. Arnab Saha ...for the Petitioners Mr. Bidyut Kr. Roy Mr. Pratick Bose ...for the State The petitioner prays for anticipatory bail.

It is submitted by the learned counsel for the petitioner that he has been falsely implicated in the Gazole P.S. Case No. 151/2020 dated 10.03.2020 under Sections 376/511/323 of the Indian Penal Code 1860.

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

Having considered the materials in the case diary and bearing in mind the gravity of offence, the nature of allegation and considering the fact that charge sheet has already been submitted, we are of the opinion that the petitioner is entitled to be enlarged on anticipatory bail.

The prayer for anticipatory bail is thus allowed. Accordingly, we direct that in the event of arrest, the petitioner be released on bail upon furnishing a Bond of Rs. 10,000/- (Rupees Ten thousand only), with two sureties of like amount each one of whom must be local, to the satisfaction of

the arresting officer and also 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 four weeks from date.

The application for anticipatory bail is, thus, disposed of. (Arindam Mukherjee, J.) (Subhendu Samanta, J .)