Calcutta High Court (Appellete Side)
Under Sections 436/420/120B Of The ... vs In Re on 13 December, 2018
1 13.12.2018 10 Allowed md.
C.R.M. No. 10912 of 2018 Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 30th November, 2018 in connection with Galsi Police Station Case No.335/18 dated 8.11.2018 under Sections 436/420/120B of the Indian Penal Code.
And In Re:-
Bagbul Islam Mallick alias Bakbul Islam Mallick and others ... Petitioners Mr. Ashis Sanyal, Mr. Amarendra Chakraborty ..for the Petitioners Mr. Swapan Banerjee, Mr. Suman De .. for the State The petitioners seek anticipatory bail in connection with Galsi Police Station Case No.335/18 dated 8.11.2018 under Sections 436/420/120B of the Indian Penal Code.
The State produces the case diary and says that it is evident that the office of a political party and the residence of a political activist were set on fire, and some of the articles thereat were destroyed by the fire. The State refers to statements of witnesses to the effect that these petitioners were responsible for both incidents. However, considering the extent of the damage and the fact that there may not be any genuine apprehension that these petitioners 1 2 would abscond once they have been identified, there is no need to take these petitioners into custody at this stage as long as these petitioners do not enter any place within the jurisdiction of Galsi Police Station till the investigation is completed. Subject to the above, in the event of arrest, the petitioners will be granted bail upon furnishing security of Rs.10,000/- (Rupees ten thousand only) each, with two sureties of Rs. 5,000/- (Rupees five thousand only) each, one of whom must be local, to the satisfaction of the arresting officer, subject to the conditions as laid down in Section 438 (2) of the Code of Criminal Procedure, 1973. In addition, the petitioners will also report to the Investigating Officer at such time and place as may be specified by the concerned police officer, till the investigation is completed.
C.R.M. 10912 of 2018 is allowed as above.
A certified copy of this order be immediately made available to the petitioners subject to compliance with all requisite formalities.
(Suvra Ghosh, J.) (Sanjib Banerjee, J. ) 2