Calcutta High Court (Appellete Side)
Jahidul Rahaman & Anr vs Unknown on 19 October, 2023
19.10.2023 C.R.M. (A) 4810 of 2023
SL. 10
Court No. 29
Suvayan/
In Re: - An application for anticipatory bail under Section 438 of
Sourav the Code of Criminal Procedure filed in connection with Chopra
Police Station Case No. 648 of 2023 dated 27.08.2023 under
Sections 341/323/324/379/506/34 of the IPC read with
Section 3(i)(x) of the SC & ST (Prevention of Atrocities) Act, 1989.
And
In the matter of: Jahidul Rahaman & Anr.
....petitioners.
Mr. Shaharayar Alam
...for the petitioners.
Mr. S. G. Mukherji, PP
...for the State.
1.Heard learned Counsel for the parties.
2. In the light of the order passed by us in Sudip Mondal & Ors.
Vs. The State of West Bengal & Anr. [CRM(A) 2859 of 2023] disposed of today i.e. 19.10.2023, while not entertaining the prayer for anticipatory bail, the present petition is disposed of with the following observations -
The petitioners shall surrender before the learned Judge Special Court (under SC & ST Act), Raiganj, Uttar Dinajpur within 15 (fifteen) days from the date of reopening of the court after Puja Vacation. Seven days before the petitioners surrender before the said Court the petitioners' counsel, shall serve a copy of the bail application or such number of copies of the bail application as instructed by learned Public Prosecutor/Special Public Prosecutor on the learned Public Prosecutor/Special Public Prosecutor for the purpose of notice to the victim or his/her dependent.
3. Taking into consideration the nature of the offence as alleged against the petitioners, we direct that the petitioners shall be 2 released on interim bail by the learned Judge Special Court (under SC & ST Act), Raiganj, Uttar Dinajpur on the same day the petitioners surrender in the Special Case arising out of the aforesaid case on such terms and conditions as he deems just and proper pending disposal of the bail application, on merit, at the time of final hearing of the case, including the following conditions :-
(i) the petitioners shall appear in person before the I.O. once in a week on the day and time fixed by the said I.O. until further order by the learned Special Judge lifting, modifying or relaxing the condition
(ii) the petitioners shall not threaten, induce or coerce any witness of this case or the victim or his/her dependent in any manner whatsoever; and
(iii) the petitioners shall not involve themselves in similar or any other offence during currency of this order.
4. The application being CRM (A) 4810 of 2023 is disposed of.
(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.) 3