Nirmal Nandi And ORS v. State Of West Bengal

28.01.2022 Serial no. 13 Dd (Through Video Conference) CRM(A) 316 of 2022 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Balurghat Police Station Case No. 486 of 2020 dated 06.12.2020 under Sections 448/323/325/326/354/379/34 of the Indian Penal Code read with section 12 Protection of Children from Sexual Offences Act (Special Case No. 59 of 2020) -AndIn the matter of : Nirmal Nandi & Ors. ... Petitioners Mr. Kaushik Choudhury, Advocate ... ... For the Petitioners Mr. Debabrata Chatterjee, Ms. Manisha Sharma, Advocates ... ...For the State Petitioners claim parity with regard to the other coaccused granted anticipatory bail in CRM 9016 of 2021 on January 4, 2022.

Learned advocate appearing for the State draws the attention of the Court to the contents in the case diary. Considering the materials in the case diary, it appears that the claim of the petitioners of parity is justifiable. Accordingly, we are inclined to grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest, the petitioners shall be released on bail upon furnishing a Bond of Rs.10,000/- (Rupees Ten Thousand Only) each, 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 further condition that the petitioners

shall appear before the jurisdictional Court on the dates fixed for trial and pray for regular bail within a period of four weeks from date.

Prayer for anticipatory bail is allowed.

CRM(A) 316 of 2022 is disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)