Santigopal Maiti@Shanti Gopal Maiti v. State Of West Bengal

14.12.2021.

38.

as (Allowed).

C.R.M. 5257 of 2021 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Falta P. S. Case No.99 of 2021 dated 17.05.2021 under Sections 341/326/307/34 of the Indian Penal Code.

In the matter of : Santigopal Maiti @ Shanti Gopal Maiti. ... Petitioner.

Mr. Pinak Kr. Mitra.

...for the Petitioner.

Md. Anowar Hossain, Ms. Sreyashee Biswas.

.....for the State.

Heard the learned Advocates appearing for the parties. It is submitted on behalf of the petitioner that he has been falsely implicated in the instant case due to political rivalry.

Learned Advocate appearing for the State opposes the prayer for anticipatory bail.

We have considered the materials on record. Allegations against the petitioner are general and omnibus in nature. Keeping in mind the aforesaid fact as well as the nature of injury, we are of the opinion whether the petitioner intended to murder the victim or not may be assessed in the course of trial.

Under such circumstances, 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/- 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 and on further condition that the petitioner shall appear before the trial court and pray for regular bail within a period of four weeks from date. This application for anticipatory bail is, thus, disposed of.

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