Waresh Sekh Alias Ghatak v. State Of West Bengal
16.12.2021 Sl. No.113 ar [ALLOWED] C. R. M. 6658 of 2021 [via video conferencing] In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 24.08.2021 in connection with Nakashipara Police Station Case No. 201 of 2020 dated 24.04.2020 under Sections 447/307/34 of the Indian Penal Code read with Sections 25 & 27 of the Arms Act.
And In Re: Waresh Sekh @ Ghatak ... ... Petitioner Mr. Sumanta Das ... ... for the petitioner Mr. Anowar Hossain Ms. Ratna Ghosh ... ... for the State It is submitted on behalf of the petitioner that he is not principal assailant. Co-accused was granted pre-arrest bail. Learned advocate appearing for the State opposes the prayer for anticipatory bail.
We have considered the materials on record. Keeping in mind the nature of allegations and as co-accused was granted pre-arrest bail, we are of the opinion the accused/petitioner may be granted anticipatory bail.
Accordingly, we direct that in the event of arrest, the accused/petitioner be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only), 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 and shall appear before the court below and pray for regular bail within four weeks from date.
The application for anticipatory bail is, thus, disposed of. (Bivas Pattanayak, J.) (Joymalya Bagchi, J.)