Bapi Tudu And ORS. v. State Of West Bengal

13.12.2021 ct 28 cm/suvayan C.R.M. 5109 of 2021 sl no. 119 In Re : An application for Anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Illambazar P.S Case No. 121 of 2021 dated 05.05.2021 under Sections 448/325/307/34 of the Indian Penal Code, 1860.

And Allowed In Re : Bapi Tudu & Ors.

..... petitioners Mr. Tirthapati Acharya Mr. Abdur Rakib ...... for the petitioners Mr. N. P. Agarwal Ms. Subhasree Patel ...... for the State It is submitted on behalf of the petitioners they have been falsely implicated in the instant case.

Learned lawyer for the State opposes the prayer for bail. We have considered the materials on record including the injury report. Keeping in mind the nature of injury and the extent of complicity of the petitioners in the alleged crime, we are of the opinion custodial interrogation of the petitioners are not necessary and they may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs. 10,000/- 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.

Petitioners shall appear before the court below and pray for regular bail within two weeks from date.

The application being CRM 5109 of 2021 is disposed of. ( Bivas Pattanayak, J. ) ( Joymalya Bagchi, J.)