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Calcutta High CourtCRM (A)/2173/2023allowed

Jakir @ Jakir Sk And ANR v. State Of West Bengal

2023-06-27Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 2173 of 2023 27.06.2023 Sl. 192 Court No. 29 sdas (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Kaliachak Police Station Case No. 450 of 2023 dated 13.04.2023 under Sections 25(1B)(a)/29/35 of the Arms Act. And In the matter of: Jakir @ Jakir Sk. & Anr.

....petitioners.

Ms Roma Roy Mr. Priyankar Ganguly ...for the petitioners.

Mr. P. K. Dutta Mr. P. K. Ganguly ...for the State.

1. Heard the learned Counsel for the parties.

2. It is fairly submitted at the Bar that the recovery of the arms was not from the present petitioners and it is also reported that there is no record of previous criminal antecedents against the petitioners.

3. Report filed by ASI, Jiban Chandra Mandal, Kaliachak P.S., Malda, through the learned Counsel for the State is taken on record.

4. Regard being had to such facts and submissions, factum of permanent residence of the petitioners and substantial progress in the investigation, we direct each of the petitioners shall be released on bail by the Arresting Officer in the event of their arrest in the aforesaid P.S. case on such terms and conditions as deemed just and proper in the facts and circumstances of the case.

5. Accordingly, the prayer for the anticipatory bail is allowed.

6. The application being CRM (A) 2173 of 2023 is disposed of.

7. Within 21 days of receipt of server copy or certified copy of this order petitioners are directed to appear before the investigating officer along with a server copy of this order. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)