Pintu Burnwal @ Sandip Kumar Burnwal v. State Of West Bengal

21.12.2021 tkm/ct 28 C.R.M. 8506 of 2021 sl no. 76 In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Kulti P.S Case no. 556 of 2021 dated 22.10.2021 under sections 399/402 of the IPC And Allowed In Re : Pintu Burnwal @ Sandip Kumar Burnwal ...... petitioner Mr. Avik Ghatak Mr. A R Pati ...... for the petitioner Mr. S Purkaistha ...... for the State It is submitted on behalf of the petitioner that he was initially implicated in an offence involving narcotic substance. No narcotic substance was recovered from his possession and a co-ordinate Bench of this Court was pleased to grant anticipatory bail to him in CRM 5818 of 2021. Subsequently, he has been falsely implicated in the instant case. No recoveries were effected from his possession. Learned lawyer for the State opposes the prayer for anticipatory bail and submits that the petitioner has criminal antecedents.

Having considered materials on record and bearing in mind the extent of complicity of the petitioner in the alleged crime, we are of the opinion though custodial interrogation of the petitioner is not necessary, movement of the petitioner requires to be regulated. 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, 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 and on further condition that the petitioner while on bail shall not enter the jurisdiction of Kulti P.S. until further orders except for the purpose of investigation in the present case or any other case where petitioner has criminal antecedent and attending court proceeding and shall report to the concerned officer in charge within whose jurisdiction he shall reside while on bail once in a week until further orders and shall provide the address where he shall presently reside to the investigating officer as well as court below while on bail.

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

The application being CRM 8506 of 2021 is disposed of. (Bivas Pattanayak, J.) (Joymalya Bagchi, J.)