Calcutta High CourtCRM (A)/4167/2023allowed

Jamirul Sk @ Probir Sk And ANR v. State Of West Bengal

2023-10-13Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 4167 of 2023 13.10.2023 SL. 11 Court No. 29 Suvayan (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Domkal Police Station Case No. 181 of 2023 dated 18.03.2023 under Sections 186/323/333/353/326/307/34 of the IPC and Section 3 of the Prevention of Damage to Public Property Act, 1984.

And In the matter of: Jamirul Sk @ Probir Sk & Anr. ....petitioners.

Mr. Anisur Rahman ...for the petitioners.

Mr. Rudradipta Nandy, APP Mr. Iqbal Kabir ...for the State.

1. Heard learned Counsel for both the parties.

2. The petitioners before us seek parity with the petitioners in CRM (A) 2381 of 2023 who have been enlarged on anticipatory bail by us vide order dated 05.07.2023.

3. It is fairly submitted at the Bar that the footing of the present two petitioners are almost same with the petitioners in CRM (A) 2381 of 2023.

4. Regard being had to such facts and submissions, factum of permanent residence of the petitioners, sequence of evidence 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 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 that:

i) The petitioners are directed to appear before the I.O. for the purpose of investigation once in a every alternate day on the day at the time fixed by

the I.O. till submission of F.F.

ii) During such appearance each of the petitioner shall remain present in the P.S. for at least one and half hours.

iii) They shall not involve themselves in similar or any other offence during the currency of this order.

5. The concerned Arresting Officer is hereby directed to act upon the server copy of this order.

6. Within 21 days from today each of the petitioner shall appear before the I.O. alongwith a server copy/certified copy of this order. If server copy is supplied, learned I.O. shall act upon that.

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

8. The application being CRM (A) 4167 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)