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Calcutta High CourtCRM (A)/2089/2023allowed

Nripendranath Mandal @ Nripendra Nath Mandal v. State Of West Bengal

2023-05-19Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

C.R.M. (A) 2089 of 2023 19.05.2023 Sl.20 Court No.29 (AD) (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Raninagar Police Station Case No.188 of 2023 dated 09.04.2023 under Sections 448/307/34 of the Indian Penal Code and under Sections 25(1)(a)/27 of the Arms Act and under Sections 3/ 4 of the Explosive Substances Act (G.R. Case No.1058 of 2023). And In the matter of: Nripendranath Mandal @ Nripendra Nath Mandal ....petitioner.

Mr. Debopriyo Samanta Ms. Tithi Paul ... for the petitioner.

Mr. Rudradipta Nandy, Ld. APP Mr. Subrato Roy ...for the State.

Petitioner prays for anticipatory bail.

Co-accused was enlarged on bail by the Coordinate Bench on May 8, 2023 passed in CRM (DB) 1835 of 2023 where the Coordinate Bench notes that although the allegations relate to firing and throwing of bombs, no one was injured.

Apparently, no injury was suffered although the allegations relate to the Arms Act as well as Explosive Substances Act. In such circumstances, we grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest, the petitioner shall be released on bail upon furnishing a Bond of Rs.10,000/- (Rupees Ten Thousand Only), 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 condition that the petitioner will

report before the Investigating Officer once a fortnight till the conclusion of the investigation and on condition that the petitioner 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 petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court. Accordingly, the prayer for anticipatory bail of the petitioner is allowed.

C.R.M. (A) 2089 of 2023 is, thus, disposed of. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)