Becharam Das And ORS v. State Of West Bengal

19.03.2021 AN/ Ct. No. 4 C.R.M. 11190 of 2020 In Re : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Jangipara Police Station Case No. 57/2018 dated 28.03.2018 under sections 325/326/307/354/380/427/448/451/452/34 of the Indian Penal Code.

And In the matter of : Becharam Das & ors. ... Petitioners. Mr. Amitabha Karmakar Mr. Arup Kumar Bhowmick ... for the Petitioner.

Mr. Tanmay Kr. Ghosh, learned S.G.A.

Mr. Arindam Sen ... for the State.

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

It is submitted on behalf of the petitioners that their prayer for anticipatory bail was allowed earlier but was again cancelled by a subsequent order on submission of the State that they had absconded. They have been falsely implicated in this case. Investigation is complete.

The State opposes the prayer for bail and refers to the statement of witnesses and also injury reports. It appears from the case diary that the injuries are not life threatening. Investigation is complete and charge-sheet submitted.

Detention of the petitioners shall serve no fruitful purpose and they may be granted anticipatory bail.

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.

The application for anticipatory bail is, accordingly, allowed. CRM 11190 of 2020 is disposed of.

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