Mohabbat Ali @ Mahabbat Ali @ Md. Mohabbat Ali v. State Of West Bengal

15.01.2024 Item No.6 Ct. No. 29 CHC Allowed C.R.M.(A) 82 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Ratua Police Station Case No. 392 of 2020 dated 26.08.2020 under Sections 195A/506/34 of the Indian Penal Code, 1860. And In the matter of : Mohabbat Ali @ Mahabbat Ali @ Md. Mohabbat Ali ...... petitioner Mr. Avinaba Patra ....for the petitioner Mr. Shekhar Barman ....for the State Petitioner prays for anticipatory bail.

Two co-accused were granted anticipatory bail by the coordinate Bench.

Apparently, the petitioner before us stands on the same footing as that of co-accused who was granted anticipatory bail by the coordinate Bench in CRM(A) 2189 of 2023 passed on June 9, 2023 and CRM(A) 2793 of 2022 passed on June 17, 2022.

Police filed charge-sheet.

In such circumstances, we extend the same facility 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 be 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. This application for anticipatory bail is, thus, allowed. CRM(A) 82 of 2024 is disposed of.

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