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Calcutta High CourtCRM/4201/2021allowed

Sk Moinuddin @Budo@Sk Mainuddin And ORS v. State Of West Bengal

2021-12-13Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Bivas Pattanayak2 pages

13.12.2021 Sl. No.34 akd [ALLOWED] C. R. M. 4201 of 2021 [via video conferencing] In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 15.06.2021 in connection with Jangipara Police Station Case No. 80 of 2020 dated 22.05.2020 under Sections 147/148/149/447/427/504/506 of the Indian Penal Code, Sections 3/4 of the Explosive Substances Act and Section 25/27 of the Arms Act. (G.R. Case No.638 of 2020) And In Re: Sk. Moinuddin @ Budo @ Sk. Mainuddin & Ors. ... ... Petitioners Mr. Sujan Chatterjee ... ... for the petitioners Mr. Pratick Bose ... ... for the State Heard the learned advocates appearing for both the parties. We have considered the materials on record. Keeping in mind the facts and circumstances of the case and as incriminating articles have already been recovered and investigation is complete, we are of the opinion that custodial interrogation of the accused/petitioners may not be necessary in the facts of the present case and they may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest, the accused/petitioners, namely (1) Sk. Moinuddin @ Budo @ Sk. Mainuddin, (2) Sk. Nizam Ali @ Sk. Nijam, (3) Keyay Middya @ Riyajul Middya, (4) Jalil Ahammed @ Jahil Ahammed, (5) Saidul Mallick, (6) Sk. Alauddin, (7) Sabirul Islam Midda, (8) Sekh Sabir Ali @ Sk. Sabir, (9) Nuruddin Khan & (10) Noeem Mandal @ Naiym Mandal Sk. @ Naim Mandal, 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 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 appear before the court below and pray for regular bail within four weeks from date.

The application for anticipatory bail is, thus, disposed of. (Bivas Pattanayak, J.) (Joymalya Bagchi, J.)