Milan Prasad v. State Of West Bengal

13.12.2021 Serial no. 57 Dd (Through Video Conference) CRM 4442 of 2021 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Tarakeshwar Police Station Case No. 96 of 2021 dated 02.05.2021 under Sections 447/ 323/ 326/ 307/ 379/ 506/34 of the Indian Penal Code.

-AndIn the matter of : Milan Prasad ... Petitioner Mr. Angshuman Chakraborty, Advocate ... ... For the Petitioner Mr. Prasun Kumar Dutta, ld. APP Mr. Subrato Roy, Advocates ... ...For the State Learned advocate for the petitioner submits that petitioner was falsely implicated due to political rivalry. Coaccused has been granted pre-arrest bail. Learned advocate for the State opposes the prayer for anticipatory bail.

Considering the materials on record and as coaccused was granted pre-arrest bail, 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 jurisdictional court on every date fixed for trial 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.)