Sudip Bera And ORS v. State Of West Bengal

(AD) 20.06.2022 C.R.M. (A) 2848 of 2022 Court No.29 (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Khanakul P.S. Case No.132 of 2021 dated 08/04/2021 and G.R. No.403 of 2021 under Sections 286/504/506 of the Indian Penal Code, 1860 and 9(b)(ii) of I.E. Act; and Sections 3 and 4 of the Explosive Substances Act, 1908.

And In the matter of: Sudip Bera & Ors.

....petitioners.

Mr. Anindya Lahiri Mr. Samrat Dey Paul ...for the petitioners.

Mr. Navanil De ...for the State.

Petitioners pray for anticipatory bail.

Leave is granted to the learned Advocate-on-record of the petitioners to correct the cause-title.

Learned Advocate appearing for the petitioners submits that the petitioners are falsely implicated. The police complaint is a result of a political vendetta. No explosive substance was recovered from the possession of the petitioners. Learned Advocate appearing for the State draws the attention of the Court to the materials in the case diary including the seizure list.

Considering the materials in the case diary and the complicity of the petitioners transpiring therefrom, we grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest, the petitioners shall 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 will report before the Investigating Officer once a fortnight till the conclusion of the investigation and on condition that the petitioners shall appear every day before the jurisdictional Court on and from the date fixed for appearance of the accused and in default, the jurisdictional Court will pass appropriate order to secure the presence of the petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court. The prayer for anticipatory bail of the petitioners is allowed.

C.R.M. (A) 2848 of 2022 is disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)