Calcutta High CourtCRM (A)/3554/2023allowed

Jindar Ali Sk And ANR v. State Of West Bengal

2023-09-12Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 3554 of 2023 12.09.2023 SL. 17 Court No. 29 Sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Sagarpara Police Station Case No. 81 of 2023 dated 30.03.2023 under Sections 302/326/307/109/120B/34 IPC.

And In the matter of: Jindar Ali Sk & Anr.

....petitioners.

Mr. Arnab Chatterjee Mr. Anisur Rahaman Ms. Dhanasree Biswas Ms. Poulami Bose ...for the petitioner.

Mr. Neguive Ahmed Ms. Trina Mitra ...for the State.

1. Heard learned Counsel for the parties.

2. It is fairly submitted at the Bar that the present petitioners, viz., Jindar Ali Sk and Minarul Sk are stated to be on similar footing with the co-accused persons, already released on bail. It is fairly submitted at the Bar that though there is mention about the presence of the present petitioners in the mob, there is no allegation of any specific overt act against them except one Bapun whose prayer for anticipatory bail has been rejected.

3. Regard being had to the facts and submission, 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 in the event of their arrest by the Arresting Officer in the aforesaid P.S. case on such terms and

conditions as deemed just and proper in the facts and circumstances including the conditions that:

i) the petitioners is directed to appear before the I.O. once in a fortnight on the day and time fixed by the I.O. for the purpose of investigation till submission of Final Form;

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

4. 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.

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

6. The application being CRM (A) 3554 of 2023 is disposed of.

7. The I.O. is hereby directed to act upon the server copy of this order, if required.

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