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Calcutta High CourtCRM (A)/4449/2023allowed

Mojibar Sk @ Mojibar Sekh @ Majibar Sk v. State Of West Bengal

2023-10-09Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

09.10.2023 Sl. No.11 [ALLOWED] as C. R. M. (A) 4449 of 2023 In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with English Bazar Police Station Case No. 1048 of 2023 dated 09.07.2023 under Section 3 of the Explosive Substances Act, Section 25 of the Arms Act and Sections 448/506/34 of the Indian Penal Code.

In Re: Majibar Sk. @ Mojibar Sekh @ Mojibar Sk. ... ... Petitioner Md. Wasim Akram.

... ... for the petitioner Mr. Neguive Ahmed, ld. A.P.P., Ms. Trina Mitra.

... ... for the State 1.

Memo of evidence be kept on record.

2.

Petitioner submits he belongs to a political party. Due to political affiliation, he has been falsely implicated. He prays for bail. 3.

Learned Advocate for the State produces the Case Diary. 3.

We have considered the materials on record. Allegations against the petitioner are general and omnibus. Possibility of false implication cannot be ruled out.

4.

Under such circumstances, we are inclined to grant anticipatory bail to the petitioner.

5.

Accordingly, we direct that in the event of arrest, the petitioner viz., Majibar Sk. @ Mojibar Sekh @ Mojibar Sk be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only), 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 and he shall appear before the court below and pray for regular bail within four weeks from date.

6.

The application for anticipatory bail is, thus, disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)