Dipendra Niraula v. State Of West Bengal

CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

27.08.2019 tkm/ct 1 C.R.M. 758 of 2019 sl no. 45 In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed on 22.8.2019 in connection with Darjeeling Sadar P.S case no. 57 of 2019 dated 26.3.2019 under sections 143/188/283/505(ii) of the IPC read with section 125 of the Representation of People Act And Allowed In Re : Dipendra Niraula ...... petitioner Mr.Y. J. Dastoor, Sr. Adv.

Mr. A. Bhandari Mr. U. Lama Mr. P. Rai ...... for the petitioner Mr. A. S. Chakraborty Mr. S. Ganguly ...... for the State It is submitted on behalf of the petitioner that he has been falsely implicated in the instant case and he is not named in the FIR.

Learned lawyer for the State opposes the prayer for anticipatory bail.

Having considered the materials on record and bearing in mind the extent of complicity of the petitioner in the alleged crime, we are inclined to grant anticipatory bail to the petitioner. Accordingly, we direct that in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs. 10,000/- 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 petitioner shall appear before the court below and pray for regular bail within four weeks from date. The application being CRM 758 of 2019 is disposed of. (Manojit Mandal, J.) (Joymalya Bagchi, J.)