Salim Biswas @ Md. Salim Biswas v. The State Of West Bengal And ANR

09.09.2024 Court No.29 Item No. 13 Allowed sg CRM (A) 3143 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure read with Section 482 of the BNSS, in connection with Basirhat Police Station Case No. 271 of 2020 dated 25.02.2020 under Sections 307/120B/34 of the Indian Penal Code and under Sections 25/27 of the Arms Act and under Section 3/4 of E.S. Act, pending before the learned Additional Chief Judicial Magistrate, Basirhat, North 24 Parganas. And In Re: Salim Biswas alias Md. Salim Biswas Petitioner Md. Jannat ul Firdous For the Petitioner Mr. Joydeep Roy Mr. Saibal Krishna Dasgupta For the State 1.

Claiming parity with the co-accused persons namely, Panchu Sarkar @ Panchu Gopal Sarkar & Ors., who have been granted anticipatory bail in CRM(A) 8936 of 2020 on 30th June, 2021, a prayer for anticipatory bail is made.

2. The said prayer is not opposed by the learned Counsel for the State.

3. Under such circumstances, we are of the view that the custodial interrogation of the present petitioners is not necessary.

4.

Accordingly, we direct that in the event of arrest, the present petitioner, namely, Salim Biswas alias Md. Salim Biswas, shall be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer and also subject to the conditions as laid down under Section 438(2) of the Code Signed By :

SANJIB GHOSH High Court of Calcutta 9 th of September 2024 05:29:10 PM

of Criminal Procedure, 1973 corresponding to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

5. The petitioner shall not enter the jurisdiction of Basirhat P.S. save and except for meeting with the investigating officer once in a week until further orders and he shall intimate the address where he would be residing to the investigating officer within a week from date. 6.

The petitioner shall appear before the trial court on all the dates of hearing and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever.

7.

It is further made clear that in the event they fail to comply with the conditions, the learned trial court shall be at liberty to cancel his bail, in accordance with law, without any further reference to this Court. 8.

Accordingly, the prayer for anticipatory bail of the petitioner is allowed.

9. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Soumen Sen, J.) (Shampa Dutt (Paul), J.)