Calcutta High Court (Appellete Side)
51 Of The Disaster Management Act vs In Re: Biplob Roy @ Bittu Roy & Ors on 18 June, 2020
18.06.2020 Sl. No.20 sdas/akd [ALLOWED] C. R. M. 4086 of 2020 [via video conferencing] (CRAN 2295 of 2020) In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Madarihat Police Station Case No.68 of 2020 dated 02.05.2020 under Sections 148/143/145/146/ 147/186/188/332/353/506 of the Indian Penal Code read with Section 51 of the Disaster Management Act, 2005.
And In Re: Biplob Roy @ Bittu Roy & Ors.
... ... Petitioners Mr. Arnab Saha .. Advocate ... ... for the petitioners Mr. Saibal Bapuli .. Ld. Addl. Public Prosecutor Ms. Sayanti Santra .. Advocate ... ... for the State Petitioners undertake to affirm and stamp the petition/application as per Rules within 48 hours of resumption of normal functioning of the court. Subject to such undertaking, the application is taken up for hearing through video conferencing.
Learned advocate for the petitioners submits that the petitioners are local persons and behaved in an unruly manner because of social threat.
Learned Additional Public Prosecutor opposes the prayer for anticipatory bail.
Having regard to the materials which are relevant and considering the nature of offence, we are inclined to allow the prayer under Section 438 of the Code of Criminal Procedure.
Accordingly, the petitioners are directed to surrender before the learned Additional Chief Judicial Magistrate, Alipurduar within a period of ten weeks from date. In case the petitioners surrender within the aforesaid period, learned Additional Chief Judicial Magistrate would 2 release the petitioners on bail subject to furnishing a bond of Rs.10,000/- (Rupees Ten thousand only) each, by way of local surety and on condition that they must make themselves available before the Investigating Officer as and when required. The aforesaid order of anticipatory bail will be subject to the conditions as provided under Section 438(2) of the Code of Criminal Procedure.
In case there is violation of any of the conditions as mentioned under the provisions of sub-section (2) of Section 438 of the Code of Criminal Procedure, learned Additional Chief Judicial Magistrate, Alipurduar would be at liberty to cancel the order of bail without any further reference to this court.
With the aforesaid observations, CRM 4086 of 2020 along with CRAN 2295 of 2020 are disposed of.
(Tirthankar Ghosh, J.) (Soumen Sen, J.)