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Calcutta High CourtCRM (A)/95/2024allowed

Alim Sk. @ Alim Sekh v. State Of West Bengal

2024-01-16Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

16.01.2024 Serial no. 04 Anticipatory bail [Allowed] Dd CRM (A) 95 of 2024 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Baishnabnagar Police Station Case No. 680 of 2023 dated 10.10.2023 under Sections 4/5 of the Explosive Substances Act, 1884.

(G.R. Case No. 6970 / 2023) -AndIn the matter of : Alim Sk. @ Alim Sekh ... ... Petitioner Mr. Mrityunjoy Chatterjee, Mr. Manas Das, Advocates ... ... For the Petitioner Mr. Bitasok Banerjee, Advocate ... ...For the State Police filed charge sheet.

It is contended on behalf of the State that 15 live crude bombs were recovered from the go-down belonging to the petitioner.

It is contended on behalf of the petitioner that, the alleged recovery was made on October 4, 2023 whereas, the suo motu police complaint was lodged on October 10, 2023. Considering the fact that police filed charge sheet and the recovery being made on October 4, 2023 with the complaint being registered on October 10, 2023, we grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only), 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 petitioner 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 petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court. Prayer for anticipatory bail of the petitioner is allowed. CRM (A) 95 of 2024 is disposed of.

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