Osman Sk @ Md Osman Ali v. The State Of West Bengal

05.07.2022 Serial no. 11 [Dd] (Anticipatory bail) Allowed) CRM (A) 3120 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Beldanga Police Station Case No. 707 of 2021 dated 29.12.2021 under Sections 3/4 Explosive Substances Act, 1908. [corresponding to G.R. No. 5006 of 2021] -AndIn the matter of : Osman Sk @ Md Osman Ali ... ... Petitioner Mr. Arnab Chatterjee, Mr. Anisur Rahaman, Ms. Dhanasree Biswas, Advocates ... ... For the Petitioner Mr. Sanjoy Bardhan, ld. APP Ms. Pramita Banerjee, Advocates ... ...For the State Petitioner prays for anticipatory bail.

Learned advocate appearing for the petitioner submits that the petitioner was falsely implicated. He refers to the first information report. He submits that no arms were recovered from the possession of the petitioner. Learned advocate appearing for the State submits that five improvised explosive devices were recovered. He refers to the seizure list.

The seizure list shows that the recovery was made from an abandoned place. The seizure list does not show that the recovery was made from the possession of the petitioner.

Considering the gravity of the offence and the involvement of the petitioner therein as transpiring from the

materials in the case diary, we are inclined to grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only), 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 petitioner shall report before the Investigating Officer once in a fortnight till the conclusion of the investigation and on further condition that the petitioner 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 petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.

Prayer for anticipatory bail of the petitioner is allowed.

CRM (A) 3120 of 2022 is disposed of.

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