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Calcutta High CourtCRM (A)/273/2024allowed

Nur Islam v. State Of West Bengal

2024-01-30Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

30.01.2024 Serial no. 54 Anticipatory bail [Allowed] Dd CRM (A) 273 of 2024 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Gangarampur Police Station Case No. 449 of 2022 dated 08.09.2022 under Sections 341/326/307/353/186/34 of the Indian Penal Code, 1860 read with Sections 21(c)/23(c)/28/29 of the NDPS Act, 1985. And under Section 51 of Wild Life Protection Act.

(G.R. Case No. 69 / 2022 ) -AndIn the matter of : Nur Islam ... ... Petitioner Ms. Busra Khatun, Advocate ... ... For the Petitioner Mr. Tanmoy Kr. Ghosh, Mr. Rajesh Jana, Advocates ... ...For the State Claim for parity with co-accuseds who were enlarged on anticipatory bail by the order dated December 8, 2022 passed in CRM (A) 5565 of 2022 and order dated March 27, 2023 passed in CRM (A) 1243 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 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 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. Prayer for anticipatory bail of the petitioner is allowed. CRM (A) 273 of 2024 is disposed of.

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