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Calcutta High CourtCRM (A)/5527/2023allowed

Kajal Mondal And ORS. v. State Of West Bengal

2024-02-05Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

C.R.M. (A) 5527 of 2023 05.02.2024 ML.450 Court No.29 (AD) (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Asansol (North) Police Station Case No.455 of 2023 dated 30.10.2023 under Sections 341/323/325/307/506/34/120B/427 of the Indian Penal Code,1860 and Sections 25/27/35 of the Arms Act.(G.R. Case No.3053 of 2023).

And In the matter of: Kajal Mondal & Ors.

....petitioners.

Mr. Avik Ghatak Mr. Abhivan Rakshit ...for the petitioners.

Mr. Provash Bhatacharyya Mr. Apurba Kumar Datta ... for the State.

Case diary does not show any seizure list with regard to any firearm being seized.

Apparently, in the present police case no persons suffered injuries.

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) ach, with two sureties of like amount each, to the satisfaction of the Arresting Officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioners will report before the Investigating Officer once a month till the conclusion of the investigation 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. Accordingly, the prayer for anticipatory bail of the petitioners is allowed.

C.R.M. (A) 5527 of 2023 is, thus, disposed of. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)