Sonam Lama v. State Of West Bengal

CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

29.08.2019 tkm/ct 1 C.R.M. 811 of 2019 sl no. 54 In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed on 27.8.2019 in connection with Kurseong P.S case no. 130 of 2017 dated 21.7.2017 under sections 436/120B of the Indian Penal Code read with sections 8/9/15A/15B of the West Bengal Maintenance of Public Order Act read with sections 3/4 of the Prevention of Damage to Public Property Act Allowed In Re : Sonam Lama ...... petitioner Mr. A. Bhandari Mr. U Lama ...... for the petitioner Mr. A. S. Chakraborty Mr. S. Ganguly ...... for the State Heard the learned advocates appearing for the respective parties.

It is submitted on behalf of the petitioner that the co-accused persons have been granted pre-arrest bail.

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 and as co-accused persons have been granted pre-arrest bail, we are inclined to extend the same privilege to the petitioner also. 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, 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 811 of 2019 is disposed of. (Manojit Mandal, J.) (Joymalya Bagchi, J.)