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Calcutta High CourtCRM/10296/2020allowed

Kamrul Mallick And Others v. State Of West Bengal

2020-12-14Hon'Ble Justice Joymalya Bagchi (27.06.2011 - 29.08.2020),Hon'Ble Justice Suvra Ghosh2 pages

14/12/2020 Item No.139 DL S.DE/AD (Allowed) C.R.M. 10296 of 2020 In Re : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Barjora P.S. Case No. 75 dated 29.05.2019 under Sections 147/148/149/323/325/308/407 of the Indian Penal Code. And In the matter of : Kamrul Mallick & Others.

...Petitioners.

Mr. Amajit De ...for the Petitioners.

Ms. Faria Hossain Ms. S. Das ...for the State.

It is submitted on behalf of the petitioners that they have been falsely implicated in the instant case due to political rivalry. Learned counsel appearing for the State opposes the prayer for anticipatory bail.

The allegations are in general in nature and omnibus and the injuries do not appear to be grievous in nature. Under such circumstances, we are inclined to grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/-(Rupees Ten Thousand only) each 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.

Urgent Photostat Certified copy of this order, if applied for, be supplied expeditiously after complying with all necessary legal formalities.

(Suvra Ghosh, J.) (Joymalya Bagchi, J.)