Alauddin Middya And ORS v. State Of West Bengal

81.

16.11.2021.

ap C.R.M. 5040 of 2021 (via video conference) In the matter of: an application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 30.07.2021 in connection with Bishnupur Police Station Case No. 67 of 2021 dated 30.05.2021 under Sections 147/148/149/427/307/353/120B of the Indian Penal Code and Sections 3/4/5/6 of the Explosive Substance Act and National Disaster Management Act and Section 3 of Epidemic Diseases Act, 1897 and Section 15A of W.B. Maintenance of Public Order (Amendment) Act, 2017. And In re.: Alauddin Middya & Ors.

.... Petitioners.

Mr. Malay Bhattacharya, Mr. Bitasok Banerjee.

... for the petitioners Mr. Rana Mukherjee, ld. APP, Ms. Sukanya Bhattacharya, Mr. Mirza Firoj Ahmed Begg. ... for the State. The petitioners seek anticipatory bail.

The learned Advocate for the petitioners submits that the petitioners were falsely implicated in the instant case. The learned Advocate for the State draws the attention of this Court to the contents of the case diary. Considering the materials in the case diary and the complicity of the petitioners in the incident, 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 bond of Rs.10,000/- each, 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

petitioners shall meet the Investigating Officer of the case one a month until further orders.

C.R.M. No. 5040 of 2021 is disposed of.

All concerned parties shall act in terms of the copy of the order downloaded from the official website of this Court. (Debangsu Basak, J.) (Ananda Kumar Mukherjee, J.)