Syed Mohammad Faiyaz Alam v. State Of West Bengal

C.R.M. (A) 2295 of 2023 27.06.2023 Sl. 195 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 Karaya Police Station Case No. 122 of 2023 dated 11.05.2023 under Sections 120B/341/387/506 of the Indian Penal Code and Sections 25/27 of the Arms Act.

And In the matter of: Syed Mohammad Faiyaz Alam ....petitioner.

Mr. Shataroop Purkayastha Ms. Jagriti Bhattacharya ...for the petitioner.

Mr. Neguive Ahmed Ms. Ayantika Roy ...for the State.

Mr. Daanish Haque Mr. Abdul Zahid .... For the de facto complainant

1. Heard the learned Counsel for the parties.

2. From the materials placed by the learned Counsel for the parties we do not find prima facie any element of extortion though the same arises out of a commercial dispute between the parties. Our opinion is, however, tentative. Learned trial court is requested not to be influenced by that. The investigation is stated to have progressed substantially.

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioner, substantial progress in investigation, it is directed that the petitioner shall be released on bail by the Arresting Officer in the event of his 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.

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

5. The application being CRM (A) 2295 of 2023 is disposed of.

5. Within 21 days of receipt of server copy or certified copy of this order petitioner is directed to appear before the investigating officer along with copy of this order.

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)