Ashok Deb And ORS v. State Of West Bengal

17.11.2020 gd CRM 7988 of 2020 (Via Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Mathabhanga P.S. Case No.525 of dated 17.12.2019 under Sections 147/143/149/324/325/326/307 of the Indian Penal Code and Sections 3/4 of the Explosive Substance Act.

And In the matter of: Ashok Deb & Ors.

....Petitioners.

Mr. Hillol Saha Podder ...for the Petitioners.

Mr. Sagnik Sankar Das Mr. Sourav Ganguly ...for the State.

The petitioners undertake to affirm and stamp the petition as per the Rules within one week of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking.

The petitioners allege that on account of a political rivalry, an exaggerated complaint was lodged against the petitioners. The State says that from the witness statements it appears that the petitioners were involved in hurling bombs and certain persons suffered injuries, some of which were grievous. However, the allegations are general and considering the facts and circumstances of the case and the material on record, the custodial interrogation of the petitioners may not be necessary at this stage and, accordingly, the petitioners are granted anticipatory bail. In the event of arrest, the petitioners will be enlarged on bail on furnishing security of Rs.10,000/- (Rupees Ten Thousand only) each,

with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer.

However, it is made clear that each of the petitioners should cooperate with the investigation process and appear before the investigating officer as and when called. The petitioners will not move out of Mathabhanga Police Station without the leave of the investigating officer until the investigation is completed. In addition, the petitioners shall abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. CRM 7988 of 2020 is disposed of.

(Sanjib Banerjee, J.) (Aniruddha Roy, J.)