Mukesh Ram @ Kalua @ Mugesh Gupta v. State Of West Bengal
13.12.2021 sdas Allowed C.R.M. 4859 of 2021 (via video conference) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Harishchandrapur Police Station Case No. 673 of 2019 dated 19.09.2019 under Sections 143/342/186/332/ 353/323/ 324/ 307/427/34 of the Indian Penal Code read with Section 3 of Prevention of Damages to Public Property Act. And In Re : Mukesh Ram @ Kalua @ Mugesh Gupta ...... petitioner Ms. Sujata Das .....for the petitioner Mr. N. Ahmed, learned APP ....for the State Learned advocate appearing for the petitioner submits coaccused persons have been granted pre-arrest bail. No specific overt act has been attributed to him.
Learned advocate appearing for the State opposes the prayer for bail.
We have considered the materials on record. Keeping in mind the extent of complicity of the petitioner in the alleged crime and as co-accused persons have been granted anticipatory bail, we are inclined to extend the same privilege 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 conditions 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. (Bivas Pattanayak, J.) (Joymalya Bagchi, J.)