Calcutta High CourtCRM/11002/2020allowed

Amzad Sk @ Amjad Mandal ANR ANR v. State Of West Bengal

2021-03-11Hon'Ble Justice Harish Tandon,Hon'Ble Justice Kausik Chanda2 pages

11.03.2021 CRM 11002 of 2020 In Re: An application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure filed on 21.12.2020 in connection with Jalangi Police Station Case No. 293 of 2020 dated 09.07.2020 under Sections 286/506 of the Indian Penal Code read with Sections 3/4 of the Explosives Substance Act.

and In the matter of: Amzad Sk @ Amzad Mandal & Anr. ...... Petitioners Mr. Mrityunjoy Chatterjee, Advocate Mr. G.N. Imrohi, Advocate ......for the Petitioners Mr. Sudip Ghosh, Advocate Mr. Bitasok Banerjee, Advocate ...... for the State Court No. 02 Item No. 118 snandy (anti-bail allowed) Apprehending arrest in connection with Jalangi Police Station Case No. 293 of 2020 dated 09.07.2020 under Sections 286/506 of the Indian Penal Code read with Sections 3/4 of the Explosives Substance Act, the petitioners have filed the instant application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure. The learned Advocate for the State submits that accused persons exploded bomb in the concerned area for taking control over the Ferry Ghat.

Case diary does not show that any explosive substance was recovered from the possession of the petitioners and any injury has been caused where such explosion took place.

After hearing the submissions advanced by the respective counsel and the materials available on record, we are of the opinion that this is a fit case where the petitioners should be given the benefit of anticipatory bail.

Therefore, we are inclined to extend the privilege of the anticipatory bail under Section 438 of the Code of Criminal Procedure to the petitioners.

Accordingly, we direct that in the event of arrest, the petitioners, be released on bail upon furnishing a bond of Rs.10,000/- each (Rupees Ten thousand only), with two sureties of like amount each, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 on further condition that they will meet the Officer-in-charge of the concerned police station every alternate day. The application being CRM 11002 of 2020 accordingly disposed of.

(Harish Tandon, J.) (Kausik Chanda, J.)