Joydeb Halder And ORS v. State Of West Bengal

C.R.M. (A) 279 of 2023 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Dholahat Police Station Case No. 495 dated 26.10.2022 under Sections 341/325/326/307/354/506/34 of the Indian Penal Code and Sections 3/4 of the Explosive Substances Act (Corresponding to G.R. Case No.2682 of 2022).

And In the matter of: Joydeb Halder & Ors.

....petitioners.

Mr. Ayan Basu Mr. Sandip Kumar Mondal Mr. Sumit Routh ...for the petitioners.

Ms. Anasuya Sinha Ms. Subasree Patel ...for the State.

Petitioners pray for anticipatory bail.

19.01.2023 Sl.37 Court No.29 (AD) (Allowed) The claim for parity with other co-accuseds who were granted anticipatory bail by the order dated January 9, 2023 passed in CRM (A) 45 of 2023 is not being disputed on behalf of the State.

In such circumstances, we 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioners will report before the Investigating Officer once a fortnight till the conclusion of the investigation and on condition

that the petitioners 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 petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court.

Accordingly, the prayer for anticipatory bail of the petitioners is allowed.

C.R.M. (A) 279 of 2023 is, thus, disposed of. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)