Calcutta High CourtCRM(A)/931/2024allowed

Md. Rasal @ Md. Rasel And ANR v. The State Of West Bengal

2024-12-02Hon'Ble Justice Shampa Sarkar,Hon'Ble Justice Partha Sarathi Chatterjee2 pages

02.12.2024 Item No.72 Court No.1 (GB) (Allowed) Calcutta High Court In the Circuit Bench at Jalpaiguri CRM (A) 931 of 2024 In Re: - An application for anticipatory bail under section 438 of the Code of Criminal Procedure, 1973/Section 482 of the B.N.S.S. 2023, in connection with Kuchlibari Police Station Case No.63 of 2024 dated 20.04.2024 under Sections 447/188/427 of the Indian Penal Code, 1908 read with Section 3 of the Prevention of Damage of Pubic Property Act, 1984. And In the matter of: Md. Rasal @ Md. Rasel & Anr. ....Petitioners.

Mr. Biswarup Roy ...for the Petitioners.

Mr. Kallol Acharjee, Mr. Sanjiv Das ... for the State.

1. The petitioners pray for anticipatory bail on the ground of false implication.

2. The learned advocate for the State opposes the prayer for anticipatory bail and produces the case diary.

3. Considering the nature of allegations against the petitioners and evidence collected by the investigating agency so far, we are inclined to grant anticipatory bail to the petitioners.

4. 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 equal amount each, to the satisfaction of the arresting officer and subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, corresponding to Section 438(2) of the Code of Criminal Procedure. The further condition is that the petitioners shall meet the Investigating Officer once a week until further orders. The petitioners shall not enter the jurisdiction of Kuchlibari police station, except to

meet the investigating officer. They will provide the address of their present address to the local police station.

5. The application for anticipatory bail, being CRM (A) 931 of 2024 is, thus, disposed of.

6. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Shampa Sarkar, J.) (Partha Sarathi Chatterjee, J.)