Calcutta High CourtCRM (A)/3741/2023allowed

Jainuddin And ORS v. State Of West Bengal

2023-09-18Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen2 pages

18.09.2023 (M/L 134) Ct. No.29 Allowed (SKB) CRM (A) 3741 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Chanchal P.S. Case No.861 of 2023 dated 14.07.2023 under Sections 341/323/325/354/376/ 511/506/427/34 of the Indian Penal Code read with Sections 3/4 of the Explosive Substances Act (G.R. No.2063 of 2023).

In the matter of : Jainuddin and others ... Petitioners Mr. Mritunjoy Chatterjee, Mr. Imdodul Hoque ... for the petitioners Mr. Arijit Ganguly, Mr. Sanjib Kr. Das ... for the State

1. Heard learned advocates for the parties.

2. It is fairly submitted at the Bar that the present petitioners are similarly circumstanced with the coaccused persons who had been enlarged on anticipatory bail on 10.08.2023 in CRM (A) 3217 of 2023 by this court.

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioners, nature of allegation, ground of parity 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 G.R. No.2063 of 2023 arising

out of 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 conditions: i) The petitioners are directed to appear before the IO once in a fortnight on the day and time fixed by the IO 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.

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

2. 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.

3. The applications being CRM(A) 3741 of 2023 is disposed of.

4. 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.)