Aninal Hoque And ORS. v. State Of West Bengal

29.11.2023 tkm/ct 28 C.R.M. (A) 4662 of 2023 spl no. 50 In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Raninagar P.S case no. 502 of dated 8.9.2023 under sections 147/148/149/186/332/333/353/325/326/307/435/34 IPC read with section 25/27 of the Arms Act read with section 3/4 of the Prevention of Damage to Public Property Act read with section 9 of the West Bengal Maintenance of Public Order Act And Allowed In Re : Ainal Hoque & Ors.

...... petitioners Mr. M Chatterjee Mr. Manas Das Mr. D Majumder ...... for the petitioners Mr. R D Nandy Ms. Sonali Das ...... for the State 1.

Petitioners submit they have been falsely implicated in the case. Co-accused have been granted pre-arrest bail. They pray for anticipatory bail.

2.

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

3.

We have considered the materials on record. Allegations are general and omnibus in nature. Co-accused have been granted pre-arrest bail.

4.

Under such circumstances we are inclined to grant anticipatory bail to the petitioners also.

5.

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.

6.

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

7.

The application being CRM (A) 4662 of 2023 is disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)