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Calcutta High Court (Appellete Side)

An Application For Anticipatory Bail ... vs Pintu Bhunia & Ors on 18 September, 2018

                                       1


294    18.09.2018
ss     Allowed
                              C.R.M. 7313 of 2018

In the matter of : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 07.09.2018 in connection with Keshpur P.S. Case No. 07 of 2018 dated 12.01.2018 under Sections 147/148/149/341/302/307/325/326/506 of the Indian Penal Code read with Section 9B of the Explosive Substances Act and Sections 25/27 of the Arms Act.

And In the matter of : Pintu Bhunia & Ors.

... ... petitioners Mr. Pravas Bhattacharya ... ... for the petitioners Mr. Sudip Ghosh, Mr. Apurba Kumar Datta ... ... for the State The petitioners seek anticipatory bail in connection with Keshpur P.S. Case No. 07 of 2018 dated 12.01.2018 under Sections 147/148/149/341/302/307/325/326/506 of the Indian Penal Code read with Section 9B of the Explosive Substances Act and Sections 25/27 of the Arms Act.

Considering that the some of the co-accused standing on the same footing have been already been granted anticipatory bail, the petitioners deserve the same benefit.

The State opposes the prayer on the ground that the petitioners were somewhat more involved in the commission of the offence and the incident where one person was killed.

2

Considering the material and the case diary produced by the State, it does not appear that the petitioners are required to be detained in custody for the purpose of the investigation.

Accordingly, 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 are directed to meet the investigating officer at such time and place as may be specified by the concerned police officer.

The petition for anticipatory bail is allowed subject to the conditions as indicated above.

A certified copy of this order be immediately made available to the petitioners, subject to compliance with all requisite formalities. (Abhijit Gangopadhyay, J) (Sanjib Banerjee, J.)