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15.11.2019

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87. as (Allowed).

C.R.M. 10548 of 2019 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 08.11.2019 in connection with Labpur P. S. Case No.47 of 2019 dated 04.03.2019 under Section 4D of West Bengal Land Reforms Act and Sections 379/411 of the Indian Penal Code and Section 21 of the Mines and Minerals (Development and Regulation) Act, 1957 and Rules 33 Mines and Minerals Act, 2002 and Sections 38/39 Air (Prevention and Control of Pollution) Act, 1981. In the matter of : Sk. Badsha.

... Petitioner.

Mr. Tapas Kr. Ghosh, Mr. Tanmoy Chowdhury.

...for the Petitioner.

Mr. Sudip Ghosh, Mr. Apurba Kr. Dutta.

.....for the State.

Heard the learned Advocates appearing for the parties. It is submitted on behalf of the petitioner that he is not the owner of the land in question. It is further submitted that the owner was arrested and enlarged on bail.

Learned Advocate appearing for the State opposes the prayer for anticipatory bail.

Having considered the materials on record and keeping in mind the extent of complicity of the petitioner in the alleged crime, we are inclined to grant anticipatory bail to the petitioner. 2 Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, to the satisfaction of the arresting officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioner shall appear before the trial court and pray for regular bail within four weeks from date.

This application for anticipatory bail is, thus, disposed of. (Manojit Mandal,J.) (Joymalya Bagchi, J.)