Manmatha Sarkar v. State Of West Bengal

16.12.2021 Sl. No.24 akd [ALLOWED] C. R. M. 4773 of 2021 [via video conferencing] In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 15.07.2021 in connection with New Township Police Station Case No. 29 of 2021 dated 11.03.2021 under Sections 419/420/467/468/471/120B of the Indian Penal Code corresponding to G.R. Case No.416 of 2021 formerly Durgapur Police Station Case No.379 of 2020 dated 06.10.2020 under Sections 419/420/467/468/471/120B of the Indian Penal Code corresponding to G.R. Case No.1426 of 2020.

And In Re: Manmatha Sarkar ... ... Petitioner Mr. Soumik Ganguly Mr. Chittapriya Ghose Ms. Priyanka Saha ... ... for the petitioner Mr. Rudradipta Nandy ... ... for the State It is submitted on behalf of the petitioner that the vehicle in question has been handed over to the de-facto complainant. Learned advocate appearing for the State opposes the prayer for anticipatory bail.

Having considered the materials on record and keeping in mind the nature of allegations in the light of the aforesaid submission made on behalf of the petitioner, we are of the opinion that custodial interrogation of the accused/petitioner may not be necessary in the facts of the present case and he may be granted anticipatory bail. Accordingly, we direct that in the event of arrest, the accused/petitioner, namely Manmatha Sarkar, 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 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. (Bivas Pattanayak, J.) (Joymalya Bagchi, J.)