Samer Ali @ Samer Ali Sk And ORS v. State Of West Bengal

18.01.2024 Ct. No. 29 S.D.

P. Allowed C.R.M.(A) 4252 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Salar Police Station Case No. 189 of 2023 dated 09.07.2023 under Sections 341/323/325/307/506 of the Indian penal Code and 9(b) I.E. Act.

And In Re : Samer Ali @ Samer Ali Sk. & Ors.

...... petitioners Ms. Minoti Gomes ....for the petitioners Mr. Saibal Bapuli Mr. Arani Bhattacharya ...for the State We perused the materials in the case diary.

Police filed charge sheet.

Subsequent to the investigation, provisions of the Indian Explosive Act were added.

Petitioner no. 1 was arrested.

In such circumstances, C.R.M. (A) 4252 of 2023 is dismissed as infructuous so far as the petitioner no. 1 is concerned.

So far as the other petitioners, i.e. petitioner nos. 2 to 14 are concerned, considering the fact that the police filed charge sheet and considering the materials in the case diary, we grant anticipatory bail to the petitioner nos. 2, Ilias Sk. @ Iliyas Sekh, petitioner no. 3, Anis Sk. petitioner no. 4, Nurejamal Sk., petitioner no. 5, Nazrul Haque @ Nazrul Haque Sekh, petitioner

no. 6, Nijam Sk. @ Nijamuddin Sk., petitioner no. 7, Bappa Sk., petitioner no. 8, Munai Sk. @ Munai Sekh, petitioner no. 9, Khayed Sk. @ Fayej ali Sk. @ Foyed Sk., petitioner no. 10, Bapan Sk. @ Md. Mohobub Alam, petitioner no. 11, Chayan Sk. @ Suroj Ali, petitioner no. 12, Salauddin Sk. @ Salauddin Sekh, petitioner no. 13, Ani Sk. @ Amirul Sekh and petitioner no. 14, Khalek @ Abdul Khalek.

Accordingly, we direct that in the event of arrest, the petitioner nos. 2 to 14 as mentioned in the petition shall be released on bail upon furnishing a bond of Rs.10,000/- each, 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. The petitioner nos. 2 to 14 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 nos. 2 to 14 in Court including cancelling the anticipatory bail granted without further reference to this Court.

This application for anticipatory bail in respect of the petitioner nos. 2 to 14 is, thus, allowed.

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