Jahangir Alom Alias Jahangir Mia And ORS v. State Of West Bengal
13.10.2022 Vacation Bench SL No.81 S.B/s.biswas (Allowed) C.R.M. (A) 4882 of 2022 In Re: - An application for bail under Section 438 of the Code of Criminal Procedure in connection with Kaliachak P.S. Case No.226 of dated 12.03.2020 under Sections 341/325/326/307/34 of the Indian Penal Code read with Sections 3/4 of the Explosive Substance Act. And In the matter of: Jahangir Alom @ Jahangir Mia and others ....Petitioners Mr. Arup Kumar Bhowmick ...for the Petitioners Mr. Sudip Ghosh Mr. Bitasok Banerjee ...for the State Petitioners pray for anticipatory bail. Learned advocate for the petitioners submits that co-accuseds have been granted similar relief.
Learned advocate for the State opposes the prayer for anticipatory bail of the petitioners and submits that petitioners had absconded for about two years.
We have considered the materials on record. Co-accuseds have been granted pre-arrest bail. Pre-trial detention of the petitioners would not serve any worthwhile purpose. Under such circumstances, we are inclined to grant anticipatory bail to the petitioners.
Accordingly, we direct that in the event of arrest, the petitioners shall be released on bail upon furnishing a bond of `10,000/- each, with two sureties of like amount each, to the satisfaction of the Arresting Officer and also subject to the
conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.
Petitioners shall appear before the court below and pray for regular bail within four weeks from date. The application for anticipatory bail is, thus, allowed. (Supratim Bhattacharya, J.) (Joymalya Bagchi, J.)