Hidaitulla @Hidaitulla Sk And ORS v. State Of West Bengal

16.

28-07-2021 (ct. no.32) KOLE Allowed (Via Video Conference) CRM 1423 of 2021 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Beldanga Police Station Case No. 330 of 2020 dated 12.08.2020 under Section 307 of the Indian Penal Code and Sections 3 and 4 of the E.S. Act.

- A n d - In the matter of : Hidaitulla @ Hidaitulla Sk. & Ors. .... Petitioners.

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Mr. H. Rahaman, ... For the Petitioners.

Mr. P. K. Datta, Ld. APP, Mr. S. Debroy, ... For the State.

The charge is under Section 307 of the Indian Penal Code read with Sections 3 and 4 of the Explosive Substances Act, 1908. It appears that there was a scuffle between two groups. The petitioners belonged to one group. The petitioners were amongst more than 2000 people. The groups were hurling bombs at each other. Police intervened. The mob dispersed. The petitioners were identified. There was no injury suffered by anybody.

In the aforesaid admitted facts and circumstances of the case, we are of the view that immediate custodial interrogation of the petitioners may not be necessary. Accordingly, in the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs. 10,000/- each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer

and shall abide by the conditions laid down in Section 438 (2) of the Code of Criminal Procedure until further orders. The application of anticipatory bail being CRM 1423 of 2021 is, thus, allowed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. ( Suvra Ghosh, J. ) ( Arijit Banerjee, J. )