Srinibash Mandal And ANR. v. State Of West Bengal

(AD) 21.09.2021 C.R.M. 6176 of 2021 (Via Video Conference) Court No.29 (Partly Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 16/09/2021 in connection with Baishnabnagar P.S. Case No. 397 of 2020 dated 04/08/2020 under Sections 147 /148 /149 /325 /332 /333 /353/435/427 of the Indian Penal Code read with Sections 3 of the PDPP Act and 9 of MPO Act.

And In the matter of: Srinibash Mandal & Anr.

....petitioners.

Mr. Kalidas Saha ...for the petitioners.

Ms. Anasuya Sinha Mr. Pinale Kumar Mitra ...for the State.

Petitioners seek anticipatory bail.

Learned Advocate appearing for the petitioners submits that since the petitioner no.1 was arrested, the present application is not pressed on his behalf. The Court should consider the prayer of the petitioner no.2. He submits that the petitioner no.2 was falsely implicated.

Learned Advocate appearing for the State draws the attention of the Court to the contents of the case diary. In answer to a query from the Court she submits that police submitted charge sheet.

Considering that the police submitted charge sheet, we grant anticipatory bail to the petitioner no.2, Raju Mandal @ Raj Kumar Mandal.

Accordingly, we direct that in the event of arrest, the petitioner no.2 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 also subject to the

conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973. Petitioner no.2 shall appear before the jurisdictional Court and pray for regular bail within four weeks from date.

The petition is dismissed as against the petitioner no.1. The application for anticipatory bail being C.R.M. 6176 of 2021 is, thus, disposed of.

(Debangsu Basak, J.) (Ananda Kumar Mukherjee, J.)