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Calcutta High CourtCRM (A)/56/2023allowed

Nasimuddin Sk@Nasimuddin Sekh And ANR v. State Of West Bengal

2023-01-09Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi1 pages

09.01.2023 Serial no.15 Aloke CRM (A) 56 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Raghunathganj Police Station Case No. 1092 of 2022 dated 19.12.2022 under Sections 448/323/325/354B/427/307/379/34 of the Indian Penal Code.

-AndIn the matter of : Nasimuddin Sk @ Nasimuddin Sekh & Anr. ... ... Petitioners Mr. Tapodip Gupta, Advocate ... ... For the Petitioners Mr. Binay Panda, Advocate Mr. Subham Bhakat, Advocate ... ...For the State Petitioners seek anticipatory bail.

Considering the gravity of the offence and the involvement of the petitioners therein and considering the fact that the present police complaint is the second complaint, we are inclined to grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only) each, with two sureties of like amount each, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioners will report before the Investigating Officer once in a fortnight till the conclusion of the investigation and on further condition that the petitioners shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court. Prayer for anticipatory bail of the petitioners is allowed. CRM (A) 56 of 2023 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)