Somnath Mal And ORS. v. State Of West Bengal

19.03.2021 Ct.04 RP 115 Allowed CRM 11207 of 2020 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 in connection with Suri Police Station Case No.158 of 2020 dated 09.06.2020 under Sections 286/120B of the Indian Penal Code read with Sections 3/ 4 of Explosive Substance Act. And In the matter of : Somnath Mal & Ors.

.... Petitioners Mr. Abdur Rakib Mr. Tirthapati Acharya .... For the Petitioners Mr. Pratick Bose .... For the State The present application under section 438 of the Code of Criminal Procedure, 1973 filed at the instance of Somnath Mal & Ors. is taken up for hearing and order. It is submitted on behalf of petitioners that they are innocent and have no connection with the alleged incident and no person was injured in the incident.

The State produces the case diary and opposes the prayer for anticipatory bail.

It appears that nothing was recovered from the petitioners. Considering the extent of complicity of the petitioners in the alleged crime, we are inclined to hold that custodial interrogation of the petitioners is not necessary. Accordingly, in the event of arrest, the petitioners are directed to be released on anticipatory bail upon furnishing bond of Rs.10,000/-( Rupees Ten Thousand only) each 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 petitioners shall meet the investigating officer once in a week till submission of the charge sheet.

CRM 11207 of 2020 is disposed of.

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