Akbar Mondal And ORS v. State Of West Bengal

23.09.2020 sp.li jb.

CRM No. 7021of 2020 + CRAN 1 of 2020 (Via video conference) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Palashipara Police Station Case No. 251 of 2020 dated 09.09.2020 registered for investigation into offences punishable under Sections 447/325/326/354B/506/34 of the Indian Penal Code. And In the matter of : Akbar Mondal & Ors.

... Petitioners Mr. Asraf Mondal .. for the petitioners Md. Anwar Hossain Ms. Sreyashee Biswas ..for the State The petitioners undertake to affirm and stamp the petition as per the Rules within one month of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking. Accordingly the application being CRAN 1 of 2020 stands disposed of.

Learned counsel for the petitioners submits that due to land dispute and village rivalry the petitioners have been falsely implicated in the present case.

Learned counsel for the State opposes the prayer for anticipatory bail and submits that case diary would show that the petitioners are directly involved in the commission of offence.

We have perused the case diary as well as the investigation report. On the basis of the materials on record and the extent of the complicity of the petitioners in the commission of offence, we are inclined to allow the prayer for anticipatory bail of the petitioners. Accordingly, in the event of arrest, the petitioners will be enlarged on bail upon furnishing security of Rs.10,000/- each, with two sureties each of like amount, one of whom must be local, to the satisfaction of the arresting officer subject to the condition that the petitioner No. 1 shall meet the investigating officer of the case once a week.

The petitioners will also abide by the conditions laid down in Section 438(2) of the Code.

CRM 7021 of 2020 is disposed of.

(Soumen Sen, J.) (Saugata Bhattacharyya, J.)