Kaushik Sardar And ORS v. State Of West Bengal

16.02.2022 Serial no. 14 Dd CRM(A) 717 of 2022 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Nazat Police Station Case No. 139 of 2019 dated 08.06.2019 under Sections 147/148/149/325/326 & 302 of the Indian Penal Code read with Sections 25 & 27 of the Arms Act. -AndIn the matter of : Kaushik Sardar & Ors. ... Petitioners Mr. Siddhartha Sarkar, Advocate ... ... For the Petitioners Mr. Sudip Ghosh, Mr. Bitasok Banerjee, Advocates ... ...For the State Petitioners seek anticipatory bail.

Learned advocate appearing for the petitioner submits that the petitioner stands on the same footing as that of the other co-accused granted anticipatory bail by the Hon'ble High Court.

Learned advocate appearing for the State draws the attention of the Court to the contents in the case diary. Considering the fact that five other co-accused were granted anticipatory bail in CRM 1148 of 2021,CRM 5712 of 2021 and CRM 5734 of 2021 and since the petitioner can justifiably claim parity with those co-accused and considering the fact that police filed charge sheet, 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 Court below and pray for regular bail within a period of four weeks from date and on further condition that the petitioners shall appear before the jurisdictional Court on every date fixed for hearing. Prayer for anticipatory bail of the petitioners is allowed.

CRM(A) 717 of 2022 is disposed of.

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