Rambalak Thakur And ORS v. The State Of West Bengal

CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI 04.01.2023 Court No.1 (SKB 59) CRM(A) 672 OF 2022 In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 in connection with G.R. Case No.4451 of 2022 arising out of Bhaktinagar Police Station Case No.841 of 2022 dated 05.08.2022 under Sections 341/325/307/34 of the Indian Penal Code. And In the matter of: Rambalak Thakur and others . .. . . . . .Petitioners.

Mr. Kallal Ghosh ... For the Petitioners.

Mr. Ujjwal Luksom Mr. Tapan Bhattacharjee ... For the State.

Considering the fact that three of the six accused persons, named in the FIR, have already been enlarged on bail and the three petitioners before us on an identical footing as those who have been enlarged on bail, we do not see any reason for not allowing the petitioners' prayer for anticipatory bail. Learned counsel appearing for the State opposes the prayer for anticipatory bail.

We accordingly 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) each with two sureties of like amount, one of who must be local, to the satisfaction of the Arresting Officer and also comply with the conditions laid down under Section 438(2) of The Code of Criminal Procedure, 1973. The petitioners shall co-operate with the investigation and make themselves available for questioning to the Investigating Officer once in a fortnight until further orders. The petitioners shall also not intimidate any witnesses or tamper with any evidence in any manner whatsoever.

The application for anticipatory bail being CRM(A) 672 of 2022 is allowed and disposed of in terms of the above. (SIDDHARTHA ROY CHOWDHURY, J.) (MOUSHUMI BHATTACHARYA, J.)