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Calcutta High CourtCRM/8194/2021allowed

Abdul Baser @ Abdul Basir And ANR v. The State Of West Bengal

2022-01-11Hon'Ble Justice Tapabrata Chakraborty,Hon'Ble Justice Sugato Majumdar2 pages

11.01.2022 tkm/ct 32 C.R.M. 8194 of 2021 sl no. 51 (Via video conference) In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Karandighi P.S Case no. 302 of 2019 dated 9.9.2019 under sections 143/186/353/323/333/307 of the IPC read with section 3 of the Prevention of Damage to Public Property Act, 1984 And Allowed In Re : Abdul Baser @ Abdul Basir & Anr.

...... petitioners Mr. Mounick Ghosh ...... for the petitioners Mr. Prasun Kr. Datta Ms. Kum Kum Mitra ...... for the State Apprehending arrest in connection with Karandighi P.S Case no.

of dated 9.9.2019 under sections 143/186/353/323/333/307 of the IPC read with section 3 of the Prevention of Damage to Public Property Act, 1984, the instant application is filed by the petitioners praying for anticipatory bail. Heard learned advocates for the parties. Charge sheet has been filed. Petitioners are absconding.

According to the learned advocate for the petitioners, other accused persons are on bail.

Having heard the learned advocate for the parties and considering the materials in the case diary, the nature of allegations and that charge sheet has been filed, we are inclined to grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs. 10,000/- each with two sureties of like amount each, one of whom

must be local, 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 petitioners while on bail shall not enter the jurisdiction of Karandighi P.S until further orders.

It is further directed that the petitioners shall not intimidate the witnesses or tamper with evidence in any manner whatsoever. It is made clear that in the event the petitioners fail to comply with the aforesaid directions without any justifiable cause, the learned trial court would be at liberty to cancel his bail without any further reference to this Court.

The application being CRM 8194 of 2021 is disposed of. All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Sugato Majumdar, J.) (Tapabrata Chakraborty, J.)