Rahidul Sk v. State Of West Bengal

C.R.M. (A) 3364 of 2023 28.08.2023 ML. 543 Court No. 29 Sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Saktipur Police Station Case No. 231 of 2022 dated 07.12.2022 under Sections 489B/489C/34 IPC.

And In the matter of: Rahidul Sk.

....petitioner.

Mr. Niladri Sekhar Ghosh Mr. Tapodip Gupta Mr. Sourav Mondal ...for the petitioner.

Ms. Zareen N. Khan Mr. Ashok Das ... for the State.

1. Heard learned Counsel for the parties.

2. The implication of the present petitioner is based on statement of two accused persons from whom three notes of Rs. 2000/- denomination each were seized. Learned Counsel for the petitioner submits that three cases are there against the present petitioner which are found to be under Sections 399/402 IPC and not for similar offence.

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioner, nature of allegation, nature of evidence and completion of investigation, it is directed that the petitioner shall surrender before the learned Chief Judicial Magistrate, Berhampore, Murshidabad in G.R. Case arising out of the aforesaid P.S. case within 15 days from today. On his appearance and application for bail the petitioner shall be released on bail on such terms and conditions as deemed just and proper in the facts and

circumstances of the case including the condition that the petitioner shall appear before the learned Trial Court on each date of substantive hearing subject to provision of Section 317 Cr.P.C.

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

5. The application being CRM (A) 3364 of 2023 is disposed of.

6. Learned Chief Judicial Magistrate, Berhampore, Murshidabad is hereby directed to act upon the server copy of this order, if required.

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