Naharul Sk. @ Naharul Hoque And ORS v. The State Of West Bengal

20.05.2024 Item No.30 Ct. No. 29 CHC Partly Allowed C.R.M.(A) 1681 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Beldanga Police Station Case No. 216/2024 dated 25.03.2024 under Sections 323/307 of the Indian Penal Code and 3/ 4 E.S. Act, pending before Ld. Chief Judicial Magistrate, Berhampore, Murshidabad.

And In the matter of : Naharul Sk. @ Naharul Hoque & ors. ...... petitioners Mr. Jisan Iqubal Hossain ....for the petitioners Mr. Bibaswan Bhattacharya, Ms. Atulya Sinha ....for the State Injured suffered splinter injury due to bomb blast. Such injured implicates the petitioner nos.1 to 4 before us as persons who hurled the bomb towards him causing such injuries. There are criminal antecedents so far as petitioner no.1 is concerned.

Considering the materials in the Case Diary, gravity of the offence and the involvement of the petitioner nos. 1 to 4 therein, we are unable to grant anticipatory bail to them. Signed By :

CHINMOY CHAKRABORTY High Court of Calcutta 21 st of May 2024 04:04:25 PM

So far as the other petitioners are concerned, although, eyewitnesses placing them at the place of occurrence, considering the statement of the victim we grant anticipatory bail to them.

Accordingly, we direct that in the event of arrest the petitioner no.5, namely, Kajem Sk @ Kajem Ali, petitioner no.6, namely, Goni Sk. @ Seikh Adul Gani, petitioner no.7, namely, Sajamal Sk @ Md. Sahajamal and petitioner no.8, namely, Manjarul Sk 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 will report before the Investigating Officer once in a week till the conclusion of 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 in respect of petitioner no.5, namely, Kajem Sk @ Kajem Ali, petitioner no.6, namely, Goni Sk. @ Seikh Adul Gani, petitioner no.7, namely,

Sajamal Sk @ Md. Sahajamal and petitioner no.8, namely, Manjarul Sk is, thus, allowed.

CRM(A) 1681 of 2024 is disposed of.

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