Animesh Barman v. State Of West Bengal

17.12.2020 Sl. No.132 akd [ALLOWED] C. R. M. 9250 of 2020 [via video conferencing] In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 03.11.2020 in connection with Dinhata Police Station Case No.231 of 2019 dated 25.05.2019 under Sections 448/143/147/148/149/427/323/325/379/506 of the Indian Penal Code. And In Re: Animesh Barman ... ... Petitioner Mr. Sudip Guha .. Advocate ... ... for the petitioner Mr. Aditi Sankar Chakraborty .. Ld. Addl. Public Prosecutor Mr. Biswarup Roy .. Advocate ... ... for the State It is submitted on behalf of the petitioner that a bicycle was stolen. It is further submitted that the petitioner was falsely implicated in the instant case out of political rivalry.

Learned advocate appearing for the State opposes the prayer for anticipatory bail.

Having considered the materials on record and bearing in mind the nature of allegations in the light of the aforesaid submission made on behalf of the petitioner, we are of the opinion that custodial interrogation of the accused/petitioner may not be necessary and he may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest, the accused/petitioner, namely Animesh Barman, 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 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.)