Calcutta High CourtCRM (A)/3079/2023allowed

Habib Rahaman And ORS v. State Of West Bengal

2023-12-05Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 3079 of 2023 05.12.2023 ML. 5 Court No. 29 Suvayan (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Salar Police Station Case No. 163 of 2023 dated 27.06.2023 under Sections 147/148/307/506 of the IPC read with Sections 3/4 of the Explosive Substance Act corresponding to G.R. Case No. 1186 of 2023.

And In the matter of: Habib Rahaman & Ors.

....petitioners.

Mr. Arindam Jana Ms. Ananya Dey Mr. A. Sengupta ...for the petitioner.

Mr. Saibal Bapuli, APP Mr. Bibaswan Bhattacharya ...for the State.

1. Heard learned Counsel for both the parties.

2. In the order dated 29.08.2023 the name wrongly typed as Mr. Saibal Bapuli be corrected as Mr. Shaumik Ganguly.

3. Considered the materials placed by them including the injury report in respect of the injured persons. Investigation is stated to have progressed substantially.

4. Regard being had to such facts and submissions, factum of permanent residence of the petitioners, nature of allegation, nature of injury as discussed supra and substantial progress in investigation, it is directed that each of the petitioner shall be released on bail by the Arresting Officer in the event of their 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: i) The petitioners are directed to appear before the I.O. once in a fortnight on the day and time fixed by the I.O. for the purpose of investigation till

submission of F.F.

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

6. Within 21 days from today each of the petitioner shall appear before the I.O. alongwith a server copy/certified copy of this order. If server copy is supplied, learned I.O. shall act upon that.

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

8. The application being CRM (A) 3079 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)