Matiur Rahaman@Matibur Rahaman And ANR v. State Of West Bengal

07.02.2023 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 533 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Harishchandrapur Police Station Case No. 238 of 2022 dated 29.03.2022 under Sections 143/144/145/147/148/149/341/ 188/323/307/427/506 of the Indian Penal Code read with Section 9 of the West Bengal Maintenance of Public Order Act,1972.

And In Re : Matiur Rahaman @ Matibur Rahaman & Anr. ...... petitioners Mr. Soupal Chatterjee Ms. Sucheta Banerjee ....for the petitioners Mr. Saibal Bapuli Mr. Sujan Chatterjee ....for the State Several co-accuseds were enlarged on anticipatory bail from time to time.

The claim for parity with such co-accuseds in the present police complaint is not being disputed on behalf of the State. Consequently, we grant the same facility 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/- 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 meet the Investigating Officer once a month 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.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)