Ismail Sk And ORS v. State Of West Bengal

19.02.2024 Serial no. 04 Anticipatory Bail [Allowed] Dd CRM (A) 510 of 2024 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Manikchak Police Station Case No. 508 of 2023 dated 08.07.2023 under Sections 147/148/149/326/307/302 of the Indian Penal Code, 1860 read with Sections 25(1B) (a)/27/35 of the Arms Act read with Sections 3/4 of Explosive Substances Act and adding Section 120B of IPC. (G.R. Case No. 4309/2023) -AndIn the matter of : Ismail Sk & Ors.

... ... Petitioners Mr. Avik Ghatak, Mr. Abhinav Rakshit, Advocates ... ... For the Petitioners Mr. Ranbir Roy Chowdhury, Mr. Sujan Chatterjee, Advocates ... ...For the State The claim for parity with other co-accuseds who were enlarged on anticipatory bail by orders dated January 04, 2024 passed in CRM (A) 5736 of 2023 and January 30, 2024 passed in CRM (A) 238 of 2024 passed by this Court is not being disputed on behalf of the State.

In such circumstances, we extend the same facility to the petitioners before us.

Consequently, we 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 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. Prayer for anticipatory bail of the petitioners is allowed. CRM (A) 510 of 2024 is disposed of.

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