Ujjal Sarkar v. State Of West Bengal

08.09.2023 tkm/ct 28 C.R.M. (A) 3914 of 2023 spl no. 71 In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Chakdaha P.S case no. 131 of 2021 dated 26.3.2021 under sections 323/427/447/436/34 IPC And Allowed In Re : Ujjal Sarkar ...... petitioner Md. Wasim Akram Mr. Syed Murshid Alam Mr. S Ghosh Ms. R Khatun ...... for the petitioner Mr. Arijit Ganguly Mr. S K Dan ...... for the State 1.

Petitioner submits he has been falsely implicated. He prays for anticipatory bail.

2.

Learned lawyer for the State opposes the prayer for anticipatory bail.

3.

We have considered materials on record. A tent and a motor cycle were burnt. No one was injured. In view of the nature of accusation we are of the opinion custodial interrogation for progress of investigation is not necessary and petitioner may be granted anticipatory bail.

4.

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.

5.

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

6.

The application being CRM (A) 3914 of 2023 is disposed of. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)