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CRM 1960 of 2011
In re: Ansarul Mia & Ors. .....Petitioners
Mr. Somnath Banerjee -For the petitioners
Mr. S. Pachhal - For the State
Re: Application under section 438 of the Code of Criminal Procedure filed
on 3.3.11 in connection with Md. Bazar P.S. Case No. 42/10 dated 14.5.10
under sections 147/148/149/324/325/307 I.P.C. and Section 9(b)(ii) I.E.
Act.
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We have heard the submissions of the learned Advocates for the petitioners
and for the State. We have perused the materials available before us and we are
of the considered view that this is an appropriate case for admitting the
petitioners with an order under section 438 of the Code of Criminal Procedure.
Accordingly, we direct that in the event of arrest, the petitioners would be released on bail under Section 438 of
the Code of Criminal Procedure on the following conditions that:
(i) the petitioners shall make themselves available for interrogation by the Investigating Agency of the case
as and when required;
(ii) no direct or indirect threat or any inducement would be made to any person acquainted with the facts of
the case so as to dissuade such person from disclosing such facts to the Court or to any Police Officer;
(iii) the petitioners shall not leave India without prior permission of the Court;
This application is, thus disposed of.
(Kalidas Mukherjee, J)
2(Mrinal Kanti Sinha, J.)
