Asim Halder v. State Of West Bengal

18.07.2023 (M/L 119) Ct. No.29 Allowed (SKB) CRM (A) 2515 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Krishnaganj P.S. Case No.52 of 2023 dated 11.02.2023 under 379/411/413/414 of the Indian Penal Code.

In the matter of : Asim Halder ... Petitioner Mr. Subir Majumder, Mr. Snehansu Majumder ... for the petitioner Md. Anwar Hossain, Ms. Sreyashee Biswas ... for the State

1. Learned counsel for the petitioner is allowed to make necessary correction in the cause title so far as the P.S. case number is concerned.

2. Heard the learned Counsel for the parties.

3. Some unaccounted silver jewellery was seized from the possession of Biswanath Mondal who was apprehended by the police and on the basis of the FIR drawn by the police, the present P.S. case was registered. The aforesaid Biswanath Mondal has already been enlarged on regular bail. It is fairly submitted at the Bar that the basis of implication of the present petitioner is the statement of the aforesaid Biswanath Mondal.

4. Investigation is stated to be progressed substantially.

5. Regard being had to such facts and submissions, factum of permanent residence of the petitioner, nature of allegation, nature of evidence and 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 including the condition that the petitioner is directed to appear before the IO once in a fortnight on the day and time fixed by the IO for the purpose of investigation till submission of Final Form.

6. Within 21 days from today petitioner is directed to appear before the I.O. along with a server copy or certified copy of this order.

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

8. The application being CRM(A) 2515 of 2023 is disposed of.

9. The concerned Arresting Officer is hereby directed to act upon the server copy of this order.

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