Mukesh Mandal And ANR v. State Of West Bengal

31.08.2023 (D/L 22) Ct. No.29 Allowed (SKB) CRM (A) 3547 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Mothabari P.S. Case No.457 of 2022 dated 01.12.2022 under Sections 448/325/326/307/427/436/ 34 of the Indian Penal Code.

In the matter of : Mukesh Mandal and another ... Petitioners Mr. Tapan Datta Gupta Mr. Parvej Anam ... for the petitioners Mr. Atif Ahmed Siddiqui ... for the State

1. Heard the learned Counsel for the parties.

2. It is fairly submitted at the Bar that at the time of filing of charge-sheet the offence under Sections 326/307 IPC have been deleted. So far as the offence under Section 436 is concerned, the allegation is against one Sanatan Mandal and others (who are not before us).

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioners, nature of allegation and completion of investigation, it is directed that each of the petitioner shall surrender before the learned CJM, Malda in connection with the G.R. case arising out of the aforesaid P.S. case within 15 days from today. On their surrender and application for bail, they shall be released on bail by the aforesaid Court on such

terms and conditions as deemed just and proper in the facts and circumstances of the case.

4. Accordingly, the prayer for the anticipatory bail is allowed.

5. The application being CRM(A) 3547 of 2023 is disposed of.

6. The learned court below is hereby directed to act upon the server copy or certified copy of this order. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)