Siraj Ali Molla v. State Of West Bengal

11.01.2024 Item No.65(D.L.) Ct.No.29 srm/dc.

Allowed C.R.M. (A) 71 of 2024 In Re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Udaynarayanpur Police Station Case No. 40 of 2022 dated 03.05.2022 under Sections 147/148/149/186/353/ 332/333/308/506/354 of the Indian Penal Code read with Section 9 of Maintenance of Public Order Act and Section 3 of the Prevention of Damage to Public Property Act. And In Re :

Siraj Ali Molla ... Petitioner.

Mr. Santanu Maji ... For the Petitioner.

Mr. Bitasok Banerjee ... For the State.

Petitioner prays for anticipatory bail.

Claim for parity with other co-accused who are enlarged on anticipatory bail by a co-ordinate Bench on December 1, 2023 passed in CRM(A) 5100 of 2023 is not being disputed on behalf of the State.

Police filed charge-sheet.

In such circumstances, we grant anticipatory bail 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/- (Rupees Ten thousand only), with two sureties of like amount each, to the satisfaction of the arresting officer and also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and

on condition that the petitioner shall appear on every date before the jurisdictional court on and from the date fixed for appearance of the accused and in default, the jurisdictional court will pass appropriate order to secure the presence of the petitioner in court including cancelling the anticipatory bail granted without further reference to this Court. The application for anticipatory bail is, thus, allowed. CRM(A) 71 of 2024 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)