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Calcutta High CourtCRM (A)/3700/2024allowed

Hafijul Kha @ Hafijul Khan And ORS v. The State Of West Bengal And ANR

2024-11-04Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth1 pages

04.11.2024 Ct. No. 28 SL No. 39 SB/AP CRM (A) 3700 of 2024 In Re: - An application for anticipatory bail under Section 482 of the B.N.S.S. 2023 corresponding to Section 438 of the Code of Criminal Procedure in connection with Saktipur P.S. Case No. 167 of 2024 dated 19.06.2024 under Sections 342/447/323/325/307/354/379/427/34 of the Indian Penal Code and under Section 9B of the Indian Explosives Act.

And In the matter of: Hafijul Kha @ Hafijul Khan and Ors. Mr. Kingsuk Mondal ... for the petitioners Ms. Sonali Das Mr. Asif Dewan ...for the State 1.

Heard the learned lawyers for both parties.

2.

We have considered the materials on record.

3.

Nobody was injured in the incident.

4.

In view of the aforesaid fact, we are of the opinion, that custodial interrogation may not be necessary. Accordingly, we are inclined to grant anticipatory bail to the petitioners.

5.

Accordingly, we direct that in the event of arrest the petitioners shall be released on anticipatory 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 subject to the condition as laid down under Section 482(2) of the B.N.S.S. but his movement requires to be restricted in order to ensure that there is no recurrence of in similar incidents and petitioners shall not enter the jurisdictional police station and also petitioners shall appear before the Court below and pray for regular bail within a period of four weeks from date. 6.

The application for bail is, thus, allowed and disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By :

SAURABH BANDYOPADHYAY High Court of Calcutta 6 th of November 2024 03:24:54 PM