Megnath Mondal And ORS v. State Of West Bengal

rkd 16.12.2020 Ct. No.28 (P. Allowed) C.R.M. 8823 of 2020 (Through Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Manikchak P.S. Case No. 187 of 2020 dated 29/06/2020 under Section 447/341/323/325/326/307/354/34 of the Indian Penal Code. And In the matter of: Megnath Mondal & Ors.

....petitioners.

Mr. A. Saha ...for the petitioners.

Mr. S. Banerjee, Ms. P. Ghosh ...for the State.

Petitioner nos.5 & 9 have not been arrayed as an accused in the charge sheet. Accordingly, there is not apprehension of arrest so far as petitioner nos. 5 & 9 are concerned. Hence, the application for anticipatory bail is not maintainable with regard to the said petitioners. We have considered the materials in the case diary including the injury report. Incident occurred in the course of cultivation and injuries are not grievous.

Under such circumstances, we are inclined to grant anticipatory bail to petitioner nos.1 to 4 and 6 to 8.

In the event of arrest, the petitioner nos.1 to 4 and 6 to 8 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 for anticipatory bail is, thus, disposed of. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)