Lakshi Kanta Bauri @ Lakshmi Kanta Bauri And ANR v. The State Of West Bengal

03.05.2024 Item No.13 Ct. No. 29 CHC Allowed C.R.M.(A) 1582 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kankartala Police Station Case No. 41 of 2024 dated 06.04.2024 under Section 25(1A) of the Arms Act, pending before Learned Judicial Magistrate, Dubrajpur, Birbhum.

And In the matter of : Lakshi Kanta Bauri @ Lakshmi Kanta Bauri & anr. ...... petitioners Mr. Kunal Ganguly ....for the petitioners Mr. S. S. Imam, Mr. P. Sarkar ....for the State Petitioners pray for anticipatory bail.

Learned advocate appearing for the petitioners submits that, the petitioners are the elected members of a Gram Panchayat and belong to a rival political party of the ruling dispensation at this State. He submits that, petitioners have been falsely implicated.

Learned advocate appearing for the State submits that, the investigations are at a nascent stage. The name of both the petitioners transpires from the co-accused who was arrested. Both the petitioners before us subscribe to a particular political ideology.

Possibility of false implication cannot be ruled out. There are no other criminal antecedents so far as the petitioners are concerned.

Signed By :

CHINMOY CHAKRABORTY High Court of Calcutta 3 rd of May 2024 03:43:51 PM

Statement of the co-accused made while in custody, apparently remains uncorroborated at this stage. In such circumstances, 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 be 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 in a week till the conclusion of investigation and on condition that the petitioners shall appear on every date 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.

This application for anticipatory bail is, thus, allowed. CRM(A) 1582 of 2024 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)