Manowar Hossain And ORS v. The State Of West Bengal

25.04.2024 SL No.23 Court No.1 (gc) (Allowed) Circuit Bench of Calcutta High Court At Jalpaiguri CRM (A) 314 of 2024 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed in connection with Sahebganj Police Station Case No.181 of 2021, dated 04/05/2021 under Sections 448/323/325/307/427/379/435/506/34 of the Indian Penal Code and read with Section 3/4 Explosive Substances Act. And In the matter of : Manowar Hossain & Ors.

- Petitioners.

Mr. Sudip Guha, Mr. Sandip Guha Roy, Mr. Ananda Paul ... For the Petitioners.

Mr. Kallol Acharjee, Mr. Subhasish Misra, Mr. Chattu Roy ... For the State.

1. In view of the orders passed by the Coordinate Bench on 10th November, 2022, 10th January, 2023 and 7th February, 2023 and having regard to the fact that the learned Counsel for the State has fairly submitted that the present petitioners are similarly placed as that of the persons who have been granted anticipatory bail, the prayer for anticipatory bail of the present accused petitioners are allowed.

2. Accordingly, we direct that in the event of their arrest, the petitioners, namely, Manowar Hossain, Sakil Akhtar @ Javid and Ajijar Rahaman, be released on bail upon furnishing a bond of Rs.10,000/- each, with two registered 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. The petitioners shall co-operate with the investigation and make themselves available for questioning to the Investigating Officer once in a fortnight until further orders. The petitioners shall also not intimidate any witnesses or tamper with evidence in any manner whatsoever.

3. The application for anticipatory bail is, thus, disposed of.

4. All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Soumen Sen, J.) (Partha Sarathi Sen, J.)