Calcutta High CourtCRM(A)/610/2022disposed

Parimal Barman And ANR v. State Of West Bengal

2022-10-17Hon'Ble Justice Moushumi Bhattacharya,Hon'Ble Justice Saugata Bhattacharyya3 pages

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI CRIMINAL MISCELLANEOUS JURISDICTION 17.10.2022 Sl. JCB 8 Court No.28 Sourav/ Suvayan (Allowed) C.R.M. (A) 610 of 2022 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Mekhliganj Police Station Case No. 232 of 2016 dated 16.08.2016 under Sections 143/ 341/ 324/325 /326 /307/ 120B/34 of the Indian Penal Code, 1860.

And In the matter of: Parimal Barman & Anr.

....petitioners.

Ms. Jeenia Rudra ...for the petitioners.

Mr. Aditi Shankar Chakraborty Mr. Nilay Chakraborty Mr. Saikat Chatterjee ...for the State.

Petitioners pray for anticipatory bail.

We have considered that the petitioners are of 99/100 persons who are named as accused in the charge-sheet comprising almost an entire village. We also note that most of the other accused persons have either been enlarged on bail or granted anticipatory bail.

Notwithstanding the fact that an earlier application for anticipatory bail was rejected, we are, accordingly, inclined to allow the present application by reason of the fact that there has been no progress since the earlier rejection. Accordingly, we direct that in the event of arrest, the petitioners shall be released on bail upon furnishing a Bond of Rs.10,000/- (Rupees Ten Thousand Only) each, with two sureties of like amount each, to the satisfaction of the Arresting Officer

and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioners shall appear every day before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court.

Accordingly, the prayer for anticipatory bail of the petitioners is allowed.

C.R.M. (A) 610 of 2022 is, thus disposed of.

(Moushumi Bhattacharya, J.) (Saugata Bhattacharyya, J.)