Sarat Mandal v. State Of West Bengal

16.12.2021.

45.

as (Allowed).

C.R.M. 6104 of 2021 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Baishnabnagar P. S. Case No.662 of 2020 dated 24.11.2020 under Sections 4 / 5 of Explosive Substance Act. In the matter of : Sarat Mandal.

... Petitioner.

Mr. Amitabha Karmakar, Mr. Arup Kr. Bhowmick.

...for the Petitioner.

Mr. Abhra Mukherjee, Mr. Dipankar Mahata.

.....for the State.

Heard the learned Advocates appearing for the parties. It is submitted on behalf of the petitioner that no incriminating article has been recovered from his possession. Co-accused who was arrested from the spot has been granted bail.

Learned Advocate appearing for the State opposes the prayer for anticipatory bail.

Having considered the materials on record and keeping in mind the extent of complicity of the petitioner in the alleged crime in the light of the aforesaid submission made on behalf of the petitioner and as investigation is complete, we are inclined to 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/- 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 petitioner shall appear before the trial court and pray for regular bail within a period of four weeks from date. This application for anticipatory bail is, thus, disposed of.

(Bivas Pattanayak,J.) (Joymalya Bagchi, J.)