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Calcutta High Court (Appellete Side)
Habibur Rahaman & Ors vs Unknown on 23 April, 2025
Author: Jay Sengupta
Bench: Jay Sengupta
23.04.2025
Court No.28
Item No.25
tbsr
Partly Allowed
CRM (A) 1223 of 2025
In Re: – An application for anticipatory bail under Section 482 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 corresponding to Section
438 of the Code of Criminal Procedure in connection with
Harishchandrapur P.S. Case No.665 of 2023 dated 09.07.2023
under Sections 143/323/325/506/307/34 of the Indian Penal
Code, read with Section 25(1-b)/27/35 of the Arms Act.
And
In the matter of: Habibur Rahaman & Ors.
….Petitioners.
Ms. Sujata Das
…for the petitioners.
Mr. Iqbal Kabir
Mr. Parvej Anam
…..for State
Learned counsel appearing on behalf of the petitioners submits as
follows. There was altercation between different groups of people
during last Panchayat Election. The present FIR arises out of such
dispute. By an order dated 10.09.2024 passed by a Division Bench of
this Court in CRM (A) 3185 of 2024, eleven persons were granted
anticipatory bail while the application for anticipatory bail of one
accused was rejected. The present petitioners stand on similar
footing as the ones granted anticipatory bail. Although there was
alleged gun shot injury, the victims were not admitted in the hospital.
Learned counsel for the State relies on the case diary and points
to the injury reports and the statements of witnesses. According to
him, petitioner nos. 1 to 3 and 5 are not standing on the same footing
as the co-accused who were granted anticipatory bail. Their names
have been specifically taken by the injured victim as the prime
accused who carried the arms.
2
In view of the fact that similarly circumstanced co-accused were
granted anticipatory bail, I am inclined to grant anticipatory bail to
the petitioner no. 4 (Ajijur Rahaman) while the applications for
anticipatory bail of the petitioners nos. 1. (Habibur Rahaman), 2.
(Badiruddin), 3. (Manirul Haque @ Islam) and 5. (Rafikul Alam @
Rafiqul Islam @ Bittu) are rejected.
Thus, in the event of arrest, the petitioner No. 4 shall be released
on bail upon furnishing a bond of Rs.10,000/- with two sureties of
like amount each, one of whom must be local, 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
corresponding to Section 482(2) of the BNSS, 2023 and on further
condition that the petitioner No. 4 shall not threaten or intimidate
witnesses and shall attend the jurisdictional Court on date fixed and
also shall surrender before the jurisdictional Court and pray for bail
within four weeks from this date.
Accordingly, the application for anticipatory bail is disposed of.
(Jay Sengupta, J.)
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