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Calcutta High CourtCRM/4375/2021allowed

Banamali Pal And Another v. State Of West Bengal

2021-12-21Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Bivas Pattanayak2 pages

21.12.2021.

04.

as (Allowed).

C.R.M. 4375 of 2021 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Dubrajpur P. S. Case No.93 of 2021 dated 03.05.2021 under Sections 448/325/307/427/379/506//34 of the Indian Penal Code and read with Sections 3 / 4 of the Explosive Substance Act.

In the matter of : Banamali Pal & Anr.

... Petitioners.

Mr. Kunal Ganguly.

...for the Petitioners.

Mr. Prasun Kr. Datta, A.P.P., Mr. Santanu Deb Roy.

.....for the State.

Heard the learned Advocates appearing for the parties. It is submitted on behalf of the petitioners that they have been falsely implicated in the instant case. Learned Advocate appearing for the State opposes the prayer for anticipatory bail.

We have considered the materials on record. Keeping in mind the nature of allegations and as the allegation of throwing of bombs is not supported either by seizure of incriminating materials or bomb blast injury, 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

This application for anticipatory bail is, thus, disposed of.

(Bivas Pattanayak,J.) (Joymalya Bagchi, J.)