Giridhar Sarkar And ORS v. State Of West Bengal

CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

28.08.2019 tkm/ct 28 C.R.M. 784 of 2019 sl no. 43 In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed on 26.8.2019 in connection with Sitai P.S case no.

of dated 19.6.2019 under sections 143/147/148/149/326/307/427 of the IPC read with sections 25/27 of the Arms Act and section 3/4 of the Explosives Substances Act And Allowed In Re : Giridhar Sarkar & Ors.

petitioners Mr. S. Guha ...... for the petitioners Mr. A. S. Chakraborty Mr. S. Ganguly ...... for the State It is submitted on behalf of the petitioners that they are not the principal accused who is presently on bail. Learned lawyer for the State denies and disputes such submission and submits that the petitioners along with co-accused assaulted the victim resulting in number of injuries. Having considered the materials in the case diary and bearing in mind the facts and circumstances of the case, 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 on further condition that the petitioners shall meet the investigating officer once in a week while on bail until further orders and that the petitioners shall appear before the court below and pray for regular bail within four weeks from date.

The application being CRM 784 of 2019 is disposed of. (Manojit Mandal, J.) (Joymalya Bagchi, J.)