Wakil Ahmed @ Wakil Ansari v. State Of West Bengal

01.10.2020 Sl. No.40 akd [ALLOWED] C. R. M. 7243 of 2020 [via video conferencing] (CRAN 1 of 2020) In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 18.09.2020 in connection with Bhadreswar Police Station Case No. 121 of 2020 dated 11.05.2020 under Sections 147/148/149/186/188/332/333/153A/427/436/325/ 326/307 of the Indian Penal Code read with Section 9 of the MPO Act and Section 9(b)(ii) of the Indian Explosive Act and Section 51 of the Disaster Management Act and Sections 3/4 of the Explosive Substances Act.

And In Re: Wakil Ahmed @ Wakil Ansari ... ... Petitioner Mr. Bitasok Banerjee .. Advocate ... ... for the petitioner Ms. Zareen N. Khan .. Advocate Ms. Manisha Sharma .. Advocate ... ... for the State Petitioner undertakes 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. The application being CRAN 1 of 2020 is accordingly, disposed of.

It is submitted on behalf of the petitioner that he has been falsely implicated in the instant case. It is further submitted that no specific allegation has been levelled against the petitioner. Learned advocate appearing for the State opposes the prayer for anticipatory bail and submits that the victim suffered grievous injuries and was hospitalised.

We have considered the materials on record. Although the injuries suffered by the victim are life-threatening, statements do not attribute specific overt act against the petitioner. 32 persons including the petitioner were named in the FIR. Keeping in mind the vague and

omnibus nature of accusations made against the petitioner, we are inclined in granting pre-arrest bail to him.

Accordingly, we direct that in the event of arrest, the accused/petitioner, namely Wakil Ahmed @ Wakil Ansari, 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. The application for anticipatory bail is, thus, disposed of. All concerned authorities shall act in terms of the copy downloaded from the official website of this court. (Shampa Sarkar, J.) (Joymalya Bagchi, J.)