Lakhi Charan Gope @ Lakhi Ch Gope And ANR v. State Of West Bengal

16.12.2020 Sl. No.155 akd [ALLOWED] C. R. M. 10407 of 2020 [via video conferencing] In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 10.12.2020 in connection with Baghmundi Police Station Case No.104 of 2020 dated 28.09.2020 under Sections 379/411/414/34 of the Indian Penal Code and Section 21(1)(4) of the Mines and Minerals (Development & Regulations) Act, 1957.

And In Re: Lakhi Charan Gope @ Lakhi Cha Gope & Anr. ... ... Petitioners Mr. Abhra Mukherjee .. Advocate Mr. Sauradeep Dutta .. Advocate ... ... for the petitioners Mr. Saibal Bapuli .. Ld. Addl. Public Prosecutor Mr. Arani Bhattacharyya .. Advocate ... ... for the State Heard the learned advocates appearing for both the parties. Sand illegally mined has already been recovered. In view of the aforesaid development and bearing in mind the nature of allegations, we are of the opinion that custodial interrogation of the accused/petitioners may not be necessary and they may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest, the accused/petitioners, namely (1) Lakhi Charan Gope @ Lakhi Cha Gope & (2) Kartik Singh Munda, 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 and on further condition that the petitioners shall meet the Investigating Officer once in a week until further orders.

The application for anticipatory bail is, thus, disposed of. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)