Nepal Chowdhury v. State Of West Bengal

14.09.2022 Serial no. 33 [Dd] (Anticipatory bail) Allowed) CRM (A) 4406 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Manikchak Police Station Case No. 249 dated 28.05.2022 under Sections 147 /148 /149 /323 /325 /307 /354 / 427 /379/506 of the Indian Penal Code read with Sections 25/27 of the Arms Act and 3/4 of the Explosive Substance Act.

-AndIn the matter of : Nepal Chowdhury ... ... Petitioner Mr. Kalidas Saha, Advocate ... ... For the Petitioner Mr. S. S. Imam, Jr. Govt. Adv.

Mr. R. Jana, Advocate ... ...For the State The police did not seize any explosives from the possession of the petitioner.

Other co-accuseds were enlarged on bail by the jurisdictional Court.

In such circumstances, we are inclined to grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only), with two sureties of like amount each, 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 petitioner shall report before the Investigating Officer once in a fortnight till the conclusion of the investigation and on further condition that the petitioner shall appear on every date before the jurisdictional Court on and

from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court. Prayer for anticipatory bail of the petitioner is allowed. CRM (A) 4406 of 2022 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)