Sitaram Mandal v. The State Of West Bengal

12.03.2021 AN/ Ct. No. 4 C.R.M. 11167 of 2020 In Re : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Nituria Police Station Case No. 126/2020 dated 02.11.2020 under sections 379/411/413/414/120B of the Indian Penal Code, 1860 in connection with G.R. Case No. 706/2020.

And In the matter of : Sitaram Mondal ... Petitioner. Mr. Pawan Kumar Gupta Mr. Sougata Mitra Ms. Ankita Dey ... for the Petitioner.

Mr. Prantick Bose ... for the State.

The present application under Section 438 of the Code of Criminal Procedure, 1973 filed at the instance of Sitaram Mondal is taken up for hearing and order.

It is submitted on behalf of the petitioner that he is a driver of the vehicle from which the alleged recovery was made. The owner of the vehicle has been granted anticipatory bail earlier. The State opposes the prayer for bail and produces the case diary.

The owner of the vehicle has been granted bail earlier. The stolen property has been recovered. Detention of the petitioner is not required for the purpose of investigation.

Accordingly, we direct that in event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand) only with two sureties of like amount 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 petitioner shall meet the investigating officer once a week till submission of the charge-sheet. The application for anticipatory bail is, accordingly, allowed. CRM 11167 of 2020 is disposed of.

( Arindam Sinha, J. ) ( Suvra Ghosh, J. )