Calcutta High CourtCRM (A)/3867/2023allowed

Fekarul Sk @ Fekka Sk @ Fekarul Sekh v. State Of West Bengal

2023-12-13Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 3867 of 2023 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Suti Police Station Case No. 137 of 2021 dated 15.04.2021 under Sections 4/5/6 of the Explosive Substances Act, 1908 (corresponding to G.R. Case No. 640 of 2021, pending before the Additional Learned ACJM, Murshidabad at Jangipur.

And In the matter of: Fekarul Sk @ Fekka Sk @ Fekarul Sekh ....petitioner 13.12.2023 SL. 7 Court No. 29 Aloke Mr. Arnab Chatterjee Mr. Anisur Rahaman ...for the petitioner Mr. Ranabir Roy Chowdhury Mr. Sandip Chakraborty ... for the State

1. Heard learned Counsel for the parties.

2. It is fairly submitted the Bar that the basis of the implication of the present accused/petitioner is the statement of a coaccused and no incriminating material was seized from the possession of the present petitioner.

3. Investigation is stated to have been completed in the meantime.

4. Regard being had to such facts and submissions, factum of permanent residence of the petitioners, nature of allegation, nature of evidence and completion of investigation, it is directed that the petitioner shall surrender before the learned Additional Chief Judicial Magistrate, Murshidabad at Jangipur, in G.R. Case No. 640 of 2021 arising out of the aforesaid P.S. case within 15 days from today. On his appearance and application for bail, he shall be released on

bail on such terms and conditions as deemed just and proper in the facts and circumstances of the case including the condition that petitioner shall appear before the learned Trial Court on each date of substantive hearing subject to provision of Section 317 Cr.P.C. with a further condition, the present petitioner shall not leave the territorial jurisdiction of the learned trial Court for more than seven days at a stretch without obtaining prior permission of the learned trial Court during trial.

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

6. The application being CRM (A) 3867 of 2023 is disposed of.

7. Learned Additional Chief Judicial Magistrate, Murshidabad at Jangipur, is hereby directed to act upon the server copy of this order, if required.

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