Sabibur Rahman Sk @ Sabibur Molla @ Sabir Molla @ Sabur Rahman Sk v. State Of West Bengal

12.08.2022 Serial no. 08 [Dd] (Anticipatory bail) Allowed) CRM (A) 3854 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Rejinagar Police Station Case No. 100 dated May 09, 2022 under Sections 147/148/149/286/307 of the Indian Penal Code read with Sections 25/27 of the Arms Act and Sections 3/4/5 of the Explosive Substances Act giving rise to G.R. Case NO. 1921 of 2022.

-AndIn the matter of : Sabibur Rahman Sk @ Sabibur Molla @ Sabir Molla @ Sabur Rahman Sk.

... ... Petitioner Mr. Navanil De, Mr. Rajeshwar Chakraborty, Mr. Srinjan Ghosh, Mr. Subhrajit Dey, Advocates ... ... For the Petitioner Mr. Sanjoy Bardhan, Ms. Baishakhi Chatterjee, Advocates ... ...For the State Petitioner prays for anticipatory bail.

Learned advocate appearing for the petitioner submits that the petitioner was falsely implicated. Other co-accused was granted anticipatory bail by the jurisdictional Court. Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary. Nothing was recovered from the possession of the petitioner. Other co-accused was enlarged on anticipatory bail by the jurisdictional Court.

In such circumstances, we are inclined to 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 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 petitioner shall report before the Investigating Officer once in a week till the conclusion of the investigation and on further 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. Prayer for anticipatory bail of the petitioner is allowed. CRM (A) 3854 of 2022 is disposed of.

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