Calcutta High Court (Appellete Side)
And Sections 25/27 Of The Arms Act vs In Re:- Kazi Samsul & Ors on 4 September, 2018
1 .2018 b.
CRM No. 6954 of 2018 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed on 29.8.2018 in connection with Keshpur Police Station Case No. 07/18, dated 12.1.2018 registered for investigation into offences punishable under Sections 147/148/149/341/302/307/325/326/506 of the Indian Penal Code, 1960 read with Section 9B of the Indian Explosive Act and Sections 25/27 of the Arms Act.
And In Re:- Kazi Samsul & Ors.
... Petitioners Mr. Pravas Bhattacharya .. for the petitioners Mr. Bivaswan Bhattacharya ..for the State The petitioners seek anticipatory bail in connection with Keshpur Police Station Case No. 07/18, dated 12.1.2018 registered for investigation into offences punishable under Sections 147/ 148/149 /341/ 302/307/325/326 /506 of the Indian Penal Code, 1960 read with Section 9B of the Indian Explosives Act and Sections 25/27 of the Arms Act. The petitioners say that some of the other FIR named persons have been granted anticipatory bail by this Court and the petitioners stand on the same footing.
The State produces the case diary and refers to the statements of the victim and some of the witnesses who have named the petitioner Nos. 1, 2 and 3.
1 2 Considering the material against the petitioner Nos. 4 and 5, there may not be any need to take the them into custody at the moment. Accordingly, the petitioner Nos. 4 and 5 will be entitled to anticipatory bail. However, the prayer of the petitioner Nos. 1, 2 and 3 stands rejected. Accordingly, in the event of arrest, the petitioner Nos. 4 and 5 will be granted bail upon furnishing security of Rs.10,000/- (Rupees ten thousand only) each, with two sureties of Rs.5,000/- (Rupees five thousand only) each, one of whom must be local, to the satisfaction of the Arresting Officer, subject to the conditions as laid down in Section 438 (2) of the Code of Criminal Procedure, 1973. In addition, the petitioners Nos. 4 and 5 will also report to the Investigating Officer at such time and place as may be specified by the concerned police officer.
The petition for anticipatory bail is partly allowed subject to the conditions as indicated above.
A certified copy of this order be immediately made available to the petitioners subject to compliance with all requisite formalities.
(Abhijit Gangopadhyay, J.) (Sanjib Banerjee, J. ) 2