Alibaks Bhunia @ Ali Box Bhunia @ Kajal And ORS v. State Of West Bengal

29.06.2022 Serial no. 35 [Dd] (Anticipatory Bail) (Allowed) CRM (A) 3015 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Joypur Police Station Case No. 69 of 2021 dated 02.08.2021 under Sections 148/149/323/325/354/307/506 of the Indian Penal Code -AndIn the matter of : Alibaks Bhunia @ Ali Box Bhunia @ Kajal & Ors. ... ... Petitioners Ms. Juin Chakraborty, Mr. Souma Subhra Ray, Advocates ... ... For the Petitioners Ms. Anasuya Sinha, Ms. Jonaki Saha, Advocate ... ...For the State Petitioners pray for anticipatory bail.

Learned advocate appearing for the petitioners submits that the incident arose out of political rivalry. The de facto complainant was an accused in a previous complaint. Immediately on such person being released on bail, he initiated the present proceeding under Section 156(3) of the Code of Criminal Procedure Code.

Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary. She submits that the petitioners are the habitual offenders. Considering the materials in the case diary, the gravity of the offence and the involvement of the petitioners therein, 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 further condition that the petitioners shall report before the Investigating Officer once in a fortnight till the conclusion of the investigation and on further 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) 3015 of 2022 is disposed of.

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