Mohanlal Rai And ORS v. State Of West Bengal

CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

19.08.2019 tkm/ct 1 C.R.M. 651 of 2019 sl no. 181 In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed on 30.7.2019 in connection with Rangli Rangliot P.S case no.

of dated 9.6.2017 under sections 147/148/149/447/427/323/325/326/307/436/506/120B of the IPC And Allowed In Re : Mohanlal Rai & Ors.

...... petitioners Mr. N. K. Rai ...... for the petitioners Mr. Arun Kr. Sarkar Mr. A. Sarkar ...... for the State It is submitted on behalf of the petitioners that no overt act has been attributed to them and they have been falsely implicated in the instant case.

Learned lawyer for the State opposes the prayer for anticipatory bail and submits that the petitioners and others formed unlawful assembly and caused mischief by setting a public office on fire.

Having considered the materials on record and bearing in mind the extent of complicity of the petitioners in the alleged crime and as no overt act has been attributed to the petitioners in the course of the alleged incident, 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/- 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 that the petitioners shall appear before the court below and pray for regular bail within four weeks from date.

The application being CRM 651 of 2019 is disposed of. (Manojit Mandal, J.) (Joymalya Bagchi, J.)