Asadul Sk And ORS v. State Of West Bengal

24.08.2023 (M/L 395) Ct. No.29 Allowed (SKB) CRM (A) 3207 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Sagarpara P.S. Case No.81 of 2023 dated 30.03.2023 under Sections 302/326/307/109/120B/34 of the Indian Penal Code.

In the matter of : Asadul Sk. and others ... petitioners Mr. Rajdeep Mazumder, Mr. Pritam Roy, Mr. Anisur Rahaman ... for the petitioners Ms. Anasuya Sinha, Mr. Pinak Kr. Mitra ... for the State

1. Heard the learned Counsel for the parties.

2. The present petitioners are stated to be on similar footing along with Jannatun Bibi @ Jalema Bibi who has been released on anticipatory bail vide order dated 21.08.2023 in CRM (A) 2966 of 2023 by this court.

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioners, nature of allegation, nature of offence, ground of parity 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 conditions:

i) The petitioners are 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.

ii) Petitioners shall not threaten, induce or coerce any witness of this case in any manner whatsoever during the currency of this order.

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

5. Within 21 days from today petitioners are directed to appear before the I.O. along with a server copy or certified copy of this order.

6. The application being CRM(A) 3207 of 2023 is disposed of.

7.

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

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