Calcutta High Court (Appellete Side)
Of The E.S. Act vs In Re: Safikul Islam @ Safiqul Islam & Ors on 14 January, 2020
1 14.01.2020
Court No.28 Sl No.43 AP CRM 403 of 2020 In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 10.01.2020 in connection with Harishchandrapur P.S. Case No.35/19 dated 16.01.2019 under Sections 143/186/323 of the Indian Penal Code and Sections 3/4 of the E.S. Act.
And In Re: Safikul Islam @ Safiqul Islam & Ors.
... ... Petitioners.
Mr. Kallol Mondal, Mr. M. Alam Sk.
Ms. K. Roy, Ms. A. Chel, Mr. S. Das ... for the petitioners.
Mr. A. Sinha ... ... for the State.
It is submitted on behalf of the petitioners that no explosive substance was recovered from their possession and their names have transpired from the statements of co-accused persons.
Learned lawyer for the State opposes the prayer for anticipatory bail and submits that the petitioners were dealing with explosive substances.
Having considered the materials on record and keeping in mind the extent of complicity of the petitioners in the alleged crime and as the explosive substances have already been recovered and the allegation of assault on public servant is not supported by medical evidence, we are inclined to grant anticipatory bail to the petitioners.
2Accordingly, we direct that in the event of arrest, the petitioners be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only) each, 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 and on condition that the petitioners shall appear before the court below and pray for regular bail within a period of four weeks from date.
The application for anticipatory bail is, thus, disposed of. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)