Makles Ali v. State Of West Bengal

28.09.2020 tkm C.R.M. 7132 of 2020 sl no. 61 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 Dinhata P.S case no. 39 of 2020 under sections 498A/323/306/34 of the Indian Penal Code and sections 3/4 of the DP Act And Allowed In Re : Maklesh Ali & Ors.

...... petitioners Mr. S Guha ...... for the petitioners Mr. A S Chakraborty ...... for the State Petitioners undertake to affirm and stamp the petition/application as per Rules within a month of resumption of normal functioning of the court. Subject to such undertaking, the application is taken up for hearing through video conferencing. Accordingly, the application being CRAN 1 of 2020 is disposed of.

It is submitted on behalf of the petitioners that the instant case has been registered in retaliation to an earlier criminal case instituted against the de facto complainant and others over the unfortunate suicide of the brother of petitioner no. 1. Learned lawyer for the State opposes the prayer for anticipatory bail.

Having considered the materials on record and bearing in mind the extent of complicity of the petitioners in the alleged crime in the light of the aforesaid submission made on behalf of the petitioners, we are inclined to 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.

The application being CRM 7132 of 2020 is disposed of. (Kausik Chanda, J.) (Joymalya Bagchi, J.)