Mahananda Mandal @ Bhola Mandal @ Mohan And ORS v. The State Of West Bengal
16.06.2022 Sl. No.126 akd [ALLOWED] C. R. M. (A) 2753 of 2022 In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 10.06.2022 in connection with Ratua Police Station Case No. 189 of 2022 dated 15.04.2022 under Sections 186/333/353 of the Indian Penal Code and Section 8B of the National Highways Act.
And In Re: Mahananda Mandal @ Bhola Mandal @ Mohan & Ors. ... ... Petitioners Mr. Sourav Chatterjee Mr. Soumya Nag ... ... for the petitioners Mr. Rudradipta Nandy .. Ld. Addl. Public Prosecutor Mrs. Sonali Das ... ... for the State It is submitted on behalf of the petitioners that there was an accident on the highway and local people protested. It is further submitted that the petitioners have been falsely implicated in the instant case.
Learned Additional Public Prosecutor 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 and as the allegations are general and omnibus in nature and injuries are simple, we are of the opinion custodial interrogation of the accused/petitioners may not be necessary in the facts of the present case and they may be granted anticipatory bail. Accordingly, we direct that in the event of arrest, the accused/petitioners, namely (1) Mahananda Mandal @ Bhola Mandal @ Mohan, (2) Fagu Mandal & (3) Shibnarayan Mandal @ Narayan Mandal, be released on bail upon furnishing a bond of Rs.10,000/-
(Rupees Ten thousand only) each, 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 petitioners 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. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)