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Calcutta High CourtCRM (A)/384/2024allowed

Rajandra Paswan @ Rajendar Paswan @ Birju Paswan v. State Of West Bengal

2024-02-07Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

C.R.M. (A) 384 of 2024 07.02.2024 DL-3 Court No.29 (AD) (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Chandannagar Police Station Case No. 56 of 2018 dated 05.04.2018 under Sections 147/148/149/333/353/435/427/120B of the Indian Penal Code, 1860 and Section 3 of Prevention of Damage to Public Property Act. (G.R. Case No.402 of 2018).

And In the matter of: Rajandra Paswan @ Rajendar Paswan @ Birju Paswan ....petitioner.

Mr. Suman Chakraborty ...for the petitioner.

Mr. Bidyut Kumar Ray Mr. Mainak Gupta ...for the State.

Petitioner prays for anticipatory bail on the ground of parity with other co-accused who was granted such facility on August 7, 2023 passed in CRM(A) 2821 of 2023.

Learned Advocate appearing for the State submits that warrant of arrest was issued and that the date fixed for the return of such warrant of arrest is February 16, 2024. Petitioner apparently stands on the same footing as that of the other co-accused who was granted anticipatory bail by the Coordinate Bench.

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

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. The prayer for anticipatory bail of the petitioner is allowed. C.R.M. (A) 384 of 2024 is disposed of.

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