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Calcutta High CourtCRM (A)/4667/2024allowed

Suvan Ali @ Abdus Shubhan @ Abdus Suvan And ORS v. The State Of West Bengal

2025-01-02Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Shampa Dutt (Paul)2 pages

02.01.2025 19.

Ct. No. 28 SG [ALLOWED] C. R. M. (A) 4667 of 2024 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Chanchal Police Station Case No. 255 of 2024 dated 20.03.2024 under Sections 3/4/5 of the Explosive Substances Act.

And In Re: Suvan Ali @ Abdus Shubhan @ Abdus Suvan and Ors. ...... Petitioners Mr. Kallok Mondal, Sr. Adv.

Mr. Krishan Roy, Mr. Souvik Das, Ms. Anamitra Banerjee, Mr. Akbar Laskar.

... ... for the petitioners Ms. Sayanti Santra, Ms. Sreetama Das.

... ... for the State 1.

Petitioners submit dispute arose between two groups over poisoning of fishes in a pond. Alleged explosives substances were not recovered from a place within exclusive control of the petitioners. Accordingly, they pray for anticipatory bail. 2.

Learned lawyer for the State opposes the prayer for anticipatory bail.

3.

We have considered the materials on record. Alleged explosives substances have already been recovered. Keeping in mind the aforesaid fact, we are of the opinion though custodial interrogation for progress of investigation is not necessary petitioners require to cooperate with investigation in accordance with law.

Signed By :

SOURAV GHOSH High Court of Calcutta 3 rd of January 2025 04:05:35 PM

4.

Accordingly, we direct that in the event of arrest, the petitioners viz., (1) Suvan Ali @ Abdus Shubhan @ Abdus Suvan, (2) Manirul @ Munna @ Manirul Hoque, (3) Ainul @ Sikhu @ Ainal Hoque @ Ainal Haque, (4) Kuddus @ Abdul Kuddus, and (5) Ramijuddin be released on 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 conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and on further condition petitioners while on bail shall meet the investigating officer once in a week until further orders. They shall appear before the jurisdictional court and pray for regular bail within four weeks from date.

5.

The application for anticipatory bail is, thus, disposed of. [Shampa Dutt (Paul), J.) [Joymalya Bagchi, J.] Signed By :

SOURAV GHOSH High Court of Calcutta 3 rd of January 2025 04:05:35 PM