Farid Sk v. State Of West Bengal

24.

07.03.2025 Court No.29 (Pritam) (Allowed)

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION CRM (DB) 115 of 2025 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973 / Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, arising out of Hariharpara Police Station Case No.356/2024 dated 10.06.2024 under Sections 302/120B/34 of the IPC, 1860 & Sections 25/27 of the Arms Act, 1959.

And In the matter of: - Farid Sk.

...petitioner.

Mr. Ali Ahsan Alamgir, Ms. Rabia Khatoon, Ms. Soma Mal, Ms. June Modak ...for the petitioner.

Mr. Bitasok Banerjee, Mr. Ronit Mukherjee ...for the State.

Dictated by Arijit Banerjee, J.

1. The petitioner claims parity citing orders dated February 19, 2025, February 20, 2025 and February 28, 2024, passed in CRM (DB) 4164 of 2024, CRM (DB) 4294 of 2024 and CRM (DB) 4442 of 2024 respectively, whereby a co-ordinate bench enlarged on bail four co-accused persons. The petitioner says that he stands on the same footing as those four persons.

2. Learned State advocate, while opposing the prayer for bail, in his usual fairness, does not dispute that this petitioner is

similarly circumstanced as the aforesaid four persons, who were granted bail.

3. Hence, on the ground of parity, we allow this application for bail.

4. Accordingly, we allow the petitioner's prayer for bail.

5. Accordingly, we direct that the petitioner, namely, Farid Sk. shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand), with two sureties of like amount each, one of whom must be local, to the satisfaction of learned C.J.M, Berhampore, Murshidabad. The petitioner shall appear before the trial Court on each and every date of substantive hearing subject to the provisions of Section 317 of the Code of Criminal Procedure, 1973 / Section 355 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever.

6. In the event the petitioner fails to comply with any of the conditions stipulated above, the trial Court shall be at liberty to cancel the bail in accordance with law without further reference to this court.

7. The application for bail being CRM (DB) 115 of 2025 is, thus, disposed of.

8. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

9. Criminal Section is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities.

(Arijit Banerjee, J.) (Prasenjit Biswas, J.)