Habibul Khan v. State Of West Bengal

08.08.2023 (M/L 126) Ct. No.29 Allowed (SKB) CRM (A) 2900 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Kotwali P.S. Case No.259 of 2021 dated 05.05.2021 under Sections 147/148/149/353/136/323/ 325/307/188/427/506/120B of the Indian Penal Code and Section 51(b) D.M. Act 2005 & Section 3 of PDPP Act. In the matter of : Hablu Khan ... Petitioner Mr. T. K. Har, Mr. Sudip Kumar Chakraborty ... for the petitioner Mr. Rudradipta Nandy, APP Mr. Subrato Roy ... for the State

1. Heard the learned Counsel for the parties.

2. Charge-sheet is stated to have been filed. The occurrence happened during Covid-21 and the police party is alleged to have been attacked by a mob over some grievance.

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioner, nature of allegation, genesis of events and completion of investigation, it is directed that the petitioner shall surrender before the learned CJM, Paschim Medinipur in the G.R. case arising out of the aforesaid P.S. case within 15 days from today. On his surrender and application for bail, he shall be released on bail by the aforesaid Court

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) 2900 of 2023 is disposed of.

6. The learned court below is hereby directed to act upon the server copy of this order.

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