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Calcutta High CourtCRM (A)/3498/2023allowed

Amr @ Md. Yasif Ansari And ORS v. State Of West Bengal

2023-08-30Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen2 pages

30.08.2023 D/L 50 Ct. No.29 (Allowed) (SKB) CRM (A) 3498 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Golpokher P. S. Case No.132 of 2022 dated 06.04.2022 under Sections 399/402 of the IPC read with Section 25(I-A)/27 of Arms Act corresponding to G.R. Case No.883 of 2022.

In the matter of : Amir @ Md. Yasif Ansari and others ... Petitioners Mr. M. Nazar Chowdhury, Mr. M. Ahmed Salik ... for the petitioners Mr. Saibal Bapuli, ld. APP Mr. S. Ganguli ... for the State

1. Heard learned Counsel for the parties.

2. The basis of implication of the petitioners is that one motorcycle has been seized from the spot which belongs to the petitioner no.4, Asgar Alam @ Asgar Am @ Dhandh.

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioners, nature of allegation, nature of evidence 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 condition:

i) The petitioners are directed to appear before the IO once in a week on the day and time fixed by the IO for the purpose of investigation till submission of Final Form.

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 applications being CRM(A) 3498 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.)