Md Farhad Ali v. State Of West Bengal

Item No.27 11-08-2021 (ct. no.32) (AD) Allowed (Via Video Conference) CRM 1897 of 2021 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Baishnabnagar Police Station Case No. 801 of 2015 dated 04.11.2015 under Sections 493/417/376/323 /34 of the Indian Penal Code.

- A n d - In the matter of : Md. Farhad Ali .... Petitioner.

Mr. Arup Kumar Bhowmick ... For the Petitioner.

Mr. Sandip Chakraborty ... For the State.

The petitioner seeks parity with the principal accused who has been granted anticipatory bail earlier. The petitioner claims to be standing on the same footing as such accused.

The State, in all fairness, concedes to the statement of the petitioner.

The allegation against the petitioner is under Sections 493/417/376/323/34 of the Indian Penal Code. It is not in dispute that a co-accused similarly circumstanced with the petitioner has been granted anticipatory bail by a Coordinate Bench of this Court on 19.09.2019 in CRM 8440 of 2019. In view of the same, we are inclined to extend the same privilege to the petitioner also. Accordingly, in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.

10,000/-, with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer and shall abide by the conditions laid down in Section 438 (2) of the Code of Criminal Procedure until further orders. The application for anticipatory bail being CRM 1897 of 2021 is, thus, allowed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. ( Suvra Ghosh, J. ) ( Arijit Banerjee, J. )