Astik Mistri v. State Of West Bengal

04.08.2022 tkm/ct 28 C.R.M. (A) 3290 of 2023 spl no. 29 In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Mohammad Bazar P.S case no.

of dated 25.6.2023 under sections 143/34/325/326/307/506 IPC And Allowed In Re : Astik Mistri ...... petitioner Mr. Kallol Mondal Mr. S Das ...... for the petitioner Mr. R D Nandy Ms. Sonali Das ...... for the State Petitioner submits that petitioner is the member of the rival political party in opposition. In the course of Panchayat election there was a fight. He has been falsely implicated in the instant case. He prays for anticipatory bail.

Learned lawyer for the State opposes the prayer for anticipatory bail. He submits victims suffered head injury. We have considered materials on record including the injury report. Some of the injuries on the head. But they do not appear to be grave. Allegations are general and omnibus. Possibility of false implication due to political affiliation cannot be ruled out. Under such circumstances, we are inclined to grant 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 also be subject to the conditions as

laid down under section 438(2) of the Code of Criminal Procedure, 1973.

Petitioner shall appear before the court below and pray for regular bail within four weeks from date.

The application being CRM (A) 3290 of 2023 is disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)