Sandip Bar And ORS v. State Of West Bengal

21.10.2020 Sl. No. 31 Srimanta CRM/8270/2020 (Via Video Conference) In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure 1973 in connection with apprehension of arrest of the petitioner in connection with Khanakul Police Station Case No. 221/2020 dated 09.09.2020 under Sections 147/148/149/323/325/326/506 of the Indian Penal Code, 1860 with Sections 25/27 of the Arms Act and Sections 3/4 of the Explosive Substances Act. And In the matter of : Sandip Bar & Ors.

... Petitioners Ms. Sreyashee Biswas, Adv., Ms. Puja Goswami, Adv.

... for the petitioners.

Ms. F. Hossain, Adv., Ms. Amita Gaur, Adv.

... for the State The petitioner undertakes to appropriately 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. Learned Advocate for the petitioners submits that since the petitioner lodged an F.I.R. against the complainant, therefore, the complainant subsequently lodged an F.I.R.. The other accused persons have already been enlarged on

bail. Therefore, the petitioners should be granted anticipatory bail.

Ms. Hossain, learned Advocate for the State opposes the prayer for bail.

Considering the submissions as advanced by the learned Advocates for the parties, in our considered view, the petitioners should be granted bail.

Accordingly, we allow the prayer for anticipatory bail. In the event of arrest, the petitioner no. 1 (Sandip Bar), the petitioner no. 2 (Puspendu Banerjee), the petitioner no. 3 (Soumen Pandit), the petitioner no. 4 (Sonatan Pore), the petitioner no. 5 (Susanta Jana), the petitioner no. 6 (Pranab Kumar Maity) shall be released on bail upon furnishing bond of Rs. 10,000/- (Rupees Ten Thousand Only) each with two sureties of like amount each, to the satisfaction of the arresting officer of the case.

The aforesaid order shall be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

The application for anticipatory bail being C.R.M. 8270 of 2020 is disposed of.

( Samapti Chatterjee, J. ) (Aniruddha Roy, J.)