Bikram Das And ORS v. State Of West Bengal

08-11-2021 (ct. no.29) SKB Allowed CRM 6668 of 2021 (Via Video Conference) In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with SantipurPolice Station Case No. 436 of 2020 dated 04.10.2020 under Sections 448/435/436/379/427/506/34 of the Indian Penal Code.

- A n d - In the matter of : Sri Bikram Das and others .... Petitioners.

Ms. Sananda Bhattacharyya ... For the Petitioners.

Ms. Faria Hossain, Ms. Baisali Basu ... For the State.

Petitioners seek anticipatory bail.

Learned advocate appearing for the petitioners submits that the petitioners were falsely implicated by the defacto complainant. She submits that Mintu Das was stabbed by the son of the defacto complainant. Thereafter, a mob ransacked the house of the defacto complainant. Thereupon the defacto complainant lodged a police complaint falsely implicating the petitioner. Learned advocate appearing for the State draws the attention of the Court to the contents of the case diary and to the report of the fire department in the case diary.

Considering the previous history between the defacto complainant and Mintu Das and considering the materials in the case diary, we 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/- each, 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 on further conditions that the petitioners will report to the Investigating Officer once in a month till the completion of the investigation. Petitioners shall appear before the jurisdictional court and pray for regular bail within a period of four weeks from date.

This application for anticipatory bail is, thus, allowed. ( Debangsu Basak, J. ) ( Ananda Kumar Mukherjee, J. )