Remaul Islam @ Md Remaul Islam And ANR v. State Of West Bengal

17.08.2023 Sl. No.10(S/L) [ALLOWED] as C. R. M. (A) 3404 of 2023 In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Samserganj Police Station Case No. 69 of 2021 dated 25.03.2021 under Sections 3 / 4 of the Explosive Substances Act.

In Re: Remaul Islam @ Md. Remaul Islam @ Remaul Hoque & Anr. ... ... Petitioners Mr. Mrityunjoy Chatterjee, Mr. M. Dastra, Mr. Debapriya Majumder.

... ... for the petitioners Md. Anwar Hossain, Ms. Ratna Ghosh.

... ... for the State 1.

Petitioners submit no explosive substance was recovered from their possession. Investigation is complete. They pray for anticipatory bail.

2.

Learned Advocate for the State opposes the prayer for anticipatory bail. He submits petitioners have criminal antecedents. 3.

We have considered the materials on record. A bomb was thrown in the locality. Nobody saw the petitioners throwing the bomb. 4.

Keeping in mind the extent of involvement of the petitioners in the crime, we are of the opinion custodial interrogation is not necessary and they may be enlarged on anticipatory bail. 7.

Accordingly, we direct that in the event of arrest, the petitioners viz., 1) Remaul Islam @ Md. Remaul Islam @ Remaul Hoque and 2) Md. Asikul Sk. @ Md. Ashikul Sk. @ Bomb be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only) each, with two sureties of like amount each, to the satisfaction of the arresting officer and also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and they shall appear

before the court below and pray for regular bail within four weeks from date.

8.

The application for anticipatory bail is, thus, disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)