Ananda Dolai @ Ananda Dolai And ANR v. State Of West Bengal

15.09.2022 Serial no. 16 [Dd] (Anticipatory Bail) (Allowed) CRM (A) 4421 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Mahishadal Police Station Case No. 335 of 2021 dated 09.10.2021 under Sections 365 of the Indian Penal Code ( G.r. Case No. 1903 of 2021) -AndIn the matter of : Ananda Dolai @ Ananda Doloi & Anr. ... ... Petitioners Mr. Suman De, Advocate ... ... For the Petitioners Mr. Pravas Bhattacharya, Mr. MFA Begg, Advocates ... ...For the State The claim for parity with the other co-accuseds who were enlarged on anticipatory bail by the order dated April 7, 2022 passed in CRM (A) 1603 of 2022 is not being disputed on behalf of the State.

There is a delay in the lodgment of the first information report.

The victim apparently was a chronic alcoholic. In such circumstances, we are inclined to 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/- (Rupees Ten Thousand Only) each, 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 and on further condition that the petitioners shall report before the

Investigating Officer once in a fortnight till the conclusion of the investigation and on further condition that the petitioners shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court. Prayer for anticipatory bail of the petitioners is allowed. CRM (A) 4421 of 2022 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)