Ekramul Hoque v. State Of West Bengal

30.07.2021 Item no.66.

Court No.32.

AB (Allowed) (Via Video Conference) CRM No. 2192 of 2021 In Re: An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure filed on 24.02.2021 in connection with Special Case No.57 of 2016 Dated 1.2.2016 under Sections 18 C of the NDPS Act And In the matter of : Ekramul Hoque ......Petitioner.

Ms. Minoti Gomes, Mr. Kaushik Biswas, Mr. Partha Sarathi Das ......for the Petitioner.

Mr. Saibal Bapuli, Ld. APP Mr. Arijit Ganguly, Mr. S. K. Dan ......for the State.

The petitioner seeks parity with other co-accused persons, who are similarly circumstanced with the petitioner and have been granted anticipatory bail by Coordinate Benches. The State produces the case diary and in all fairness leaves the matter to the discretion of the Court. Having considered the material on record and in view of the fact that similarly circumstanced co-accused persons have been granted anticipatory bail by Coordinate Benches, we are inclined to extend similar 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.

In case the petitioner fails to adhere to any of the conditions mentioned in Section 438(2) of the Code, the learned Court below shall be entitled to cancel the anticipatory bail without further reference to this Court.

The application for anticipatory bail being C.R.M. No.2192 of 2021 is, thus, allowed.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Suvra Ghosh, J.) (Arijit Banerjee, J.)