Raju Banerjee@ Anindya Banerjee v. State Of West Bengal And ORS.

CRM 7761 of 2020 g.b.

15.10.2020 Court No.12 In Re: An application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure filed on 30.09.2020 in connection with Suri Police Station Case No. 483 of 2019 dated 14.09.2019 under Sections 143 /144 /145/186/153A/332/353 of the Indian Penal Code along with Sections 3 /4 of the Explosive Substances Act, 1908 and Section 9 of the West Bengal Maintenance of Public Order Act, 1972 and Sections 3/4 of Prevention of Damage to Public Property Act, 1984.

Raju Banerjee @ Anindya Banerjee Vs.

The State of W. B.

Mr. Dhiraj Trivedi Mr. Brajesh Jha Mr. T. J. Teweari Mr. Rabi Ranjan Kumar .....For the Petitioner Ms. Sukanya Bhattacharya Mr. Apurba Kr. Dutta ......For the State The petitioner undertakes to affirm and stamp the petition as per the Rules within 48 hours of resumption of normal functioning of the court. The petition is taken up through videoconference on the basis of such undertaking. The learned counsel for the petitioner has relied upon an order passed by a Co-ordinate Bench of this Court on 26th November, 2019 almost on identical facts.

It is submitted by the learned counsel appearing for the petitioner that the petitioner has been falsely implicated in this case.

The learned counsel for the State opposes the prayer for anticipatory bail and submits that the petitioner obstructed police personnel by throwing brick bats at them.

Having considered the materials on record and bearing in mind the nature of allegations and as no injury was suffered by police personnel, 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/- 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 and on further condition that he shall appear before the court below and pray for regular bail within a period of eight weeks from date.

The application for anticipatory bail is, thus, allowed. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all formalities. (Aniruddha Roy, J.) (Soumen Sen, J.)