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Calcutta High CourtCRM (A)/3246/2022allowed

Maklesur Rahaman And ANR v. State Of West Bengal

2022-07-11Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

11.07.2022 Serial no. 06 [Dd] (Anticipatory Bail) (Allowed) CRM (A) 3246 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Burwan Police Station Case No. 150 of 2022 dated 27.05.2022 under Sections 341 /325 /326 /186 /189 /353 /332 /333 / 427 /307/34 of the Indian Penal Code and Sections 25/27 of Arms Act and Sections 3/4 of E.S. Act.

-AndIn the matter of : Maklesur Rahaman @ Lulu Sk. & Anr. ... ... Petitioners Mr. Kallol Kr. Basu, Md. Jannat Ul Firdous, Mr. Rajesh Naskar, Advocates ... ... For the Petitioners Mr. Sudip Ghosh, Mr. Apurba Kr. Datta, Advocates ... ...For the State Petitioners prays for anticipatory bail.

Learned advocate appearing for the petitioners submits that the petitioners stand on the same footing as that of the other 12 co-accuseds who were enlarged on anticipatory bail from time to time. He seeks to correct the cause title with regard to the name of the petitioners. Leave as prayed for by the learned advocate-onrecord of the petitioners to correct the cause title of the petition is allowed.

Considering the materials in the case diary and the involvement of the petitioners therein, we are inclined to grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest the petitioners 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 shall report before the Investigating Officer once in a week till the conclusion of the investigation and on further 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.

Prayer for anticipatory bail of the petitioners is allowed.

CRM (A) 3246 of 2022 is disposed of.

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