Prashanta Mal v. State Of West Bengal

28.09.2022 Serial no. 83 [Dd] (Anticipatory bail) Allowed) CRM (A) 4667 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Nalhati Police Station Case No. 176 of 2022 dated 15.04.2022 corresponding to G.R. Case 668 of 2022 under Sections 306 and 448/376/511/302/34 of the Indian Penal Code. -AndIn the matter of : Prashanta Mal ... ... Petitioner Mr. Rajendra Banerjee,, Advocate ... ... For the Petitioner Mr. Binay Panda, Mr. Subham Bhakat, Advocates ... ...For the State The police filed charge sheet, inter alia, under Section 305 of the Indian Penal Code, 1860 after conducting investigations initially under Section 306 of the Indian Penal Code, 1860 and, thereafter, under Section 302 of the Indian Penal Code, 1860. Other co-accuseds are on bail. In such circumstances, we are inclined to grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only), 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 petitioner 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 petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court. Prayer for anticipatory bail of the petitioner is allowed. CRM (A) 4667 of 2022 is disposed of.

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