Bhabataran Sen And ORS v. State Of West Bengal

20.06.2022 Serial no. 55 Aloke CRM (A) 2914 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Narayangarh Police Station Case No. 216 of 2019 dated 30.11.2019 under Sections 341/323/326/307/506/34 of the Indian Penal Code -AndIn the matter of : Bhabataran Sen & Ors. ... ... Petitioners Ms. Sananda Bhattacharyya, Advocate ... ... For the Petitioners Mr. Avishek Sinha, Advocate ... ...For the State Petitioners seek anticipatory bail.

Learned Advocate appearing for the petitioners submits that the petitioners were falsely implicated. The petitioners are now presently being harassed by the police.

Learned Advocate appearing for the State draws the attention of the Court to the injury report and the contents in the case diary. In response to the query of the Court he submits that the police filed charge-sheet.

The police case is of 2019. The police did not take any steps as against any of the petitioners to secure their cooperation in the investigations. The police filed charge-sheet naming the petitioners.

Considering the fact that the police filed charge-sheet against the petitioners and considering the fact that the police did not take any steps subsequent to the lodgment of the police case on November 30, 2019, we are inclined to 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 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.

Prayer for anticipatory bail of the petitioners is allowed. CRM (A) 2914 of 2022 is disposed of.

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