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Calcutta High CourtCRM (A)/2459/2023allowed

Nur Mahammad Sk(Tonny) v. State Of West Bengal

2023-07-17Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 2459 of 2023 17.07.2023 ML. 65 Court No. 29 Sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Nabagram Police Station Case No. 69 of 2023 dated 03.03.2023 under Section 380 IPC.

And In the matter of: Nur Mahammad Sk. (Tonny) ....petitioner.

Mr. Usof Ali Dewan Mr. Asif Dewan ...for the petitioner.

Mr. Rudradipta Nandy, Ld. APP Ms. Sonali Das ...for the State.

1. Heard learned Counsel for the parties.

2. The investigation is stated to have progressed substantially.

3. Regard being had to the facts and submissions, factum of permanent residence of the petitioner, nature of offence and substantial progress in the investigation including the fact that there is no record of past criminal antecedent against the petitioner, 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 including the conditions that (i) the petitioner shall appear before the I.O. once in a week on the day and time fixed by the I.O. till submission of F.F. (ii) he shall not leave the jurisdiction of learned ACJM, Lalbag, Murshidabad till the submission of F.F without leave of the I.O.

4. The petitioner is directed to appear before the I.O. within 21

days from today along with a server copy or certified copy of this order.

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

6. The application being CRM (A) 2459 of 2023 is disposed of.

7. The I.O. is hereby directed to act upon the server copy of this order, if required.

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