Asit Mukherjee And ANR v. State Of West Bengal

25.11.2021 Serial no. 95 Dd (Through Video Conference) CRM 5886 of 2021 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Hanskhali Police Station Case No. 358 of 2021 dated 28.03.2021 under Sections 306/34 of the Indian Penal Code.

-AndIn the matter of : Asit Mukherjee alias Bablu & Anr. .. ... Petitioners Mr. Kusal Kumar Mukherjee, Advocate ... ... For the Petitioners Mr. Anowar Hossain, Ms. Ratna Ghosh, Advocates ... ...For the State Petitioners seek anticipatory bail.

Learned advocate appearing for the petitioners submits that the petitioners were falsely implicated. Learned advocate appearing for the State draws the attention of the Court to the contents in the case diary including the statements recorded under Section 164 of the Criminal Procedure Code.

Considering the materials in the case diary and considering the statements recorded under Section 164 of the Criminal Procedure Code and considering the fact that one of the co-accused is on bail, 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 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 appear before the Court below and pray for regular bail within four weeks from date and on further condition that the petitioner no. 1 shall meet the Investigating Officer once in a month and petitioner no. 2 shall cooperate with the investigation. Prayer for anticipatory bail is allowed.

CRM 5886 of 2021 is disposed of.

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