Pramananda Mandal And ANR v. State Of West Bengal

19.09.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 4477 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Karimpur Police Station Case No. 151 of 2022 dated 06.07.2022 under Sections 147/148/149/186/332/353/338 /307 of the Indian Penal Code and Sections 3/ 4 of the Prevention of Damage to Public Property Act and Sections 25/27 of the Arms Act and Section 9 of the West Bengal Maintenance of Public Order Act.

And In Re : Premananda Mandal & Anr.

...... petitioners Mr. Arindam Sen Mr. Saurav Basu Mr. Arindam Chakraborty ....for the petitioners Mr. Swapan Banerjee Mr. Anindya Sundar Chatterjee ....for the State Petitioners pray for anticipatory bail.

Learned advocate appearing for the petitioners submits that, other co-accuseds were granted bail by the Jurisdictional Court.

Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary including the photographs of the public property damaged. He submits that, all the petitioners are named in the statement recorded under 161 of the Code of Criminal Procedure. Considering the gravity of the offence and the involvement of the petitioners therein and considering the fact that other co-

accuseds were enlarged on bail by the Jurisdictional Court, 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 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 meet the Investigating Officer once a fortnight till the conclusion of the investigation and on 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.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)