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Calcutta High CourtCRM (A)/20/2022allowed

Majibur Rahaman @ Habu Mondal @ Mojibur Rahaman Mondal v. State Of West Bengal

2022-01-06Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Bibhas Ranjan De2 pages

C.R.M. (A)20 of 2022 (Via Video Conference) (AD & subr ata) 06.01.2022 Court No.29 (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Domkal P.S. Case No. 414 of 2021 dated 15/07/2021 under Sections 302/34 of the Indian Penal Code and under Sections 25/27 of Arms Act.

And In the matter of: Majibur Rahaman @ Habu Mondal @ Mojibur Rahaman Mondal ....petitioner.

Mr. Somnath Adhikary ...for the petitioner.

Mr. Narayan Prasad Agarwala Mr. Pratick Patel ...for the State.

It is submitted on behalf of the petitioner that co-accuseds have been granted pre-arrest bail.

Learned Advocate for the State opposes the prayer for bail. Keeping in mind the extent of complicity of the petitioner in the alleged crime and as co-accuseds similarly circumstanced with the petitioner have been granted pre-arrest bail, we are inclined to grant the same privilege to the petitioner.

Accordingly, we direct that in the event of arrest, the petitioner shall be released on bail upon furnishing a Bond of Rs.10,000/- with two sureties of like amount each, 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.

The petitioner shall appear before the Court below and pray for regular bail within four weeks from date.

The application for anticipatory bail being C.R.M. (A) 20 of 2022 is, thus, disposed of.

(Bibhas Ranjan De, J.) (Joymalya Bagchi, J.)