Calcutta High Court (Appellete Side)
Section 9B Of The Explosives Act vs In Re : 1. Anuar Sadal on 13 May, 2025
Author: Jay Sengupta
Bench: Jay Sengupta
13.05.2025 IN THE HIGH COURT AT CALCUTTA Item No.DL15 CRIMINAL MISCELLANEOUS JURISDICTION Court No. 28 APPELLATE SIDE Asraf, AR(Ct.) ALLOWED CRM (A) 1186 of 2025 In Re : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Raninagar Police Station case no.496 of 2024 dated 16.08.2024 under Sections 103(1) of the Bharatiya Nyaya Sanhita, 2023 read with Section 9B of the Explosives Act, 1884.
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In Re : 1. ANUAR SADAL
2. MIJAN NUR RAHAMAN ......Petitioners For the Petitioners :
Mr. Rajdeep Mazumder, Sr. Advocate Mr. Pritam Roy Ms. Arushi Rathore Mr. Soewel Bhattacharjee Ms. Triparna Roy .....Advocates For the State :
Mr. Avishek Sinha Mr. Prakash Mishra .....Advocates Heard the learned Senior Counsel appearing on behalf of the petitioners.
Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. He refers to the statement of the wife of the victim recorded before a learned Magistrate. There she did not implicate the present petitioners in the alleged offence. The only material available in the case Page 2 diary is the phone call records which show that before the alleged incident, there were phone calls between the petitioners and the victim.
Considering the nature of allegations and the materials available in the case diary, I am inclined to grant anticipatory bail to the present petitioners.
Accordingly, the petitioners shall be released on bail upon furnishing bonds of Rs.10,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer and subject to the conditions as laid down under Section 438 of the Code of Criminal Procedure, 1973 corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and on further condition that they shall not threaten or intimidate witnesses or tamper with evidence in any manner whatsoever. The petitioners shall surrender and obtain bail within four weeks and shall remain present before the learned Trial Court on every date fixed.
The application for anticipatory bail being CRM(A) 1186 of 2025 is, thus, allowed.
Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities.
( Jay Sengupta, J. )