Sk. Mujibul v. State Of West Bengal

16.03.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 1254 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Jamboni Police Station Case No. 106 of 2021 dated 27.10.2021 under Sections 399/402 of the Indian Penal Code. And In Re : Sk. Mujibul ...... petitioner Mr. Soumyajit Das Mahapatra ....for the petitioner Mr. Narayan Prasad Agarwala Ms. Subhasree Patal ....for the State Petitioner seeks anticipatory bail on the ground of parity with the other co-accuseds, who were granted anticipatory bail on February 3, 2022 in CRM(A) 504 of 2022.

Learned advocate appearing for the State does not dispute the contention that the petitioner stands on the same footing as that of the other co-accuseds.

In such circumstances, we grant anticipatory bail to the petitioner on the ground of parity with that of the other coaccused, who were granted anticipatory bail on February 3, 2022 in CRM(A) 504 of 2022.

Accordingly, we direct that 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, 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 petitioner shall meet the Investigating Officer once in a month till the conclusion of the investigation and on condition that the petitioner shall appear every day 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.) (Bibhas Ranjan De, J.)