Calcutta High CourtCRM (A)/3518/2022allowed

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

2022-07-25Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

C.R.M. (A) 3518 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. 183 of 2022 dated 09.04.2022 under Section 25(i)(a) of Arms Act, 1959.

And In the matter of: Osman Sk @ Md Osman Ali ....petitioner.

Mr. Arnab Chatterjee Mr. Anisur Rahman ...for the petitioner.

Mr. Arijit Ganguly Mr. Sujan Chatterjee ...for the State.

25.07.2022 Sl.44 Court No.29 (AD) (Allowed) Petitioner prays for anticipatory bail.

Learned Advocate appearing for the petitioner submits that no recovery was made from the possession of the petitioner. Learned Advocate appearing for the State draws the attention of the Court to the seizure list. He submits that the name of the petitioner transpires from the statement of the coaccused. Considering the fact that no arms was recovered from the possession of the petitioner and considering the materials in the case diary, we 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioner will report before the Investigating Officer once a fortnight till the conclusion of the investigation and on 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.

Accordingly, the prayer for anticipatory bail of the petitioner is allowed.

C.R.M. (A) 3518 of 2022 is, thus, disposed of. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)