Gander Mallick And ANR v. State Of West Bengal

16.12.2021.

47.

as (Allowed).

C.R.M. 6124 of 2021 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Chapra P. S. Case No.454 of 2020 dated 16.11.2020 under Sections 448/427/307/506/34 of the Indian Penal Code and Sections 3 / 4 of the Explosive Substances Act.

In the matter of : Gander Mallick & Anr.

... Petitioners.

Mr. Prabir Majumder.

...for the Petitioners.

Mr. Neguive Ahmed, ld. A.P.P.

.....for the State.

Heard the learned Advocates appearing for the parties. It is submitted on behalf of the petitioners that the dispute arose over construction of a privy in their residence. Learned Advocate appearing for the State opposes the prayer for anticipatory bail.

We have considered the materials on record. No bomb blast was suffered by the victims. In view of the aforesaid fact, we are of the opinion that custodial interrogation of the petitioners is not necessary and they may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- 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 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.)