Iqbal Malithya Alias Ikbal Malithya And ORS v. State Of West Bengal

27.02.2023 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 839 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Nowda Police Station Case No. 38 of 2023 dated 26.01.2023 under Sections 341/325/323/307/354/34 of the Indian Penal Code, 1860 read with Sections 25/27 of the Arms Act and Sections 3/ 4 of the Explosive Substances Act. And In Re : Iqbal Malithya @ Ikbal Malithya & Ors. ...... petitioners Mr. Sabir Ahmed Mr. Biswajit Sarkar Ms. Suman Biswas ....for the petitioners Mr. Saibal Bapuli Ms. Saryati Dutta ....for the State Co-accused was enlarged on anticipatory bail by the order dated February 10, 2023 passed in CRM(A) 615 of 2023. Petitioners, apparently, are standing on the same footing as that of such co-accused.

The injury suffered by the injured appears to be simple in nature.

In such circumstances, we 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/- 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 shall meet the Investigating Officer once a month till the conclusion of the investigation and on 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.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)