Elhan Haque @ Sk. Ilahan v. State Of West Bengal

04.02.2022 Serial no. 07 Dd CRM (A) 528 of 2022 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Raiganj Police Station Case No. 85 of 2020 dated 31.10.2020 under Sections 394/379 of the Indian Penal Code read with Sections 25(i)(a)/27 of the Arms Act, 1959 with added Section 395 of the Indian Penal Code, corresponding to G.R. Case No. 163 of 2020.

-AndIn the matter of : Elhan Haque @ Sk. Ilahan ... Petitioner Mr. Mujidas Ali Naskar, Md. Habibur Rahaman, Advocates ... ... For the Petitioner Mr. Madhusudan Sur, ld. APP Mr. Manaranjan Mahato, Advocate ... ...For the State Petitioner seeks anticipatory bail.

Learned advocate appearing for the petitioner submits that some of the co-accused were enlarged on bail by the jurisdictional Court. The police filed charge sheet. Learned advocate appearing for the State draws the attention of the Court to the statements recorded under Section 161 of the Code of Criminal Procedure. Considering the fact that the police filed charge sheet and considering the fact that some other co-accused were granted bail by the jurisdictional Court, we are inclined to 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 before the Court below and pray for regular bail within a period of four weeks from date and on further condition that the petitioner shall appear before the jurisdictional Court on every date fixed for hearing.

Prayer for anticipatory bail is allowed.

This application for anticipatory bail is disposed of. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)