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Calcutta High CourtCRM (A)/5306/2022allowed

Sekh Rafik And ORS v. State Of West Bengal

2022-11-18Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

C.R.M. (A) 5306 of 2022 (AD) 18.11.2022 Court No.29 (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Sadaipur Police Station Case No.133 of 2022 dated 06/08/2022 under Sections 341/323/325/326/307/506/34 of the Indian Penal Code, 1860 read with Sections 3/4 of Explosive Substances Act. And In the matter of: Sekh Rafik & Ors.

....petitioners.

Mr. Kunal Ganguly ...for the petitioners.

Mr. Ranabir Roy Chowdhury Mr. Sandip Chakraborty ...for the State.

Petitioners pray for anticipatory bail.

The injury report does not suggest that the injuries are grievous hurt.

The police filed charge sheet.

Some of the co-accuseds were enlarged on bail by the jurisdictional Court.

In such circumstances, we 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 Rs.10,000/- (Rupees Ten Thousand Only) 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 and on condition that the petitioners 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 petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court.

The prayer for anticipatory bail of the petitioners is allowed.

C.R.M. (A) 5306 of 2022 is disposed of.

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