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Calcutta High CourtCRM (A)/2165/2022allowed

Jabed Mirja @ Abed Moved Mirja @ Nilu And ORS. v. State Of West Bengal

2022-05-13Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

13.05.2022 Serial no. 30 [Dd] (Anticipatory Bail Allowed) CRM (A) 2165 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Suri Police Station Case No. 143 of 2022 dated 18.03.2022 under Sections 307/427/34 of the Indian Penal Code and sections 3/ 4 of Explosive Substances Act.

-AndIn the matter of : Jabed Mirja @ Abed Moved Mirja @ Nilu & Ors. ... ... Petitioners Mr. Partha Pratim Das, Advocate ... ... For the Petitioners Mr. Bidyut Kr. Roy, Mrs. Sima Biswas, Advocates ... ...For the State Petitioners prays for anticipatory bail.

Learned advocate appearing for the petitioners submits that the petitioners were falsely implicated. Learned advocate appearing for the State refers to the materials in the case diary.

The case diary does not contain any injury report of any victims. No explosive substance was recovered from the possession of any of the petitioners.

In such circumstances, 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 shall report before the Investigating Officer once in a fortnight till the conclusion of the investigation and on further condition that the petitioners shall appear every day 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) 2165 of 2022 is disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)