Tutul Sk. And ORS. v. State Of West Bengal

14.03.2024 Serial no. 15 Anticipatory Bail [Allowed] Dd CRM (A) 910 of 2024 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Tarapith Police Station Case No. 42 of 2020 dated 28.06.2020 under Sections 147/148/149/307 of the Indian Penal Code, 1860 read with Sections 3 & 4 of Explosive Substances Act, 1908 pending before ACJM, Rampurhat, Birbhum.

-AndIn the matter of : Tutul Sk & Ors.

... ... Petitioners Mr. Arnab Saha, Advocate ... ... For the Petitioners Ms. Amita Gaur, Advocate ... ...For the State Petitioners pray for anticipatory bail on the ground of parity.

Learned advocate for the petitioners contends that other co-accuseds were granted anticipatory bail by the order dated January 3, 2024 passed in CRM (A) 4370 of 2023. Learned advocate for the State submits that the petitioners were absconding. They are named in the charge sheet but no recovery obviously could be made as they were absconding.

We considered the materials in the case diary. Police filed charge sheet.

Prior to our order dated January 3, 2024 passed in CRM (A) 4370 of 2023, co-accuseds therein were granted interim protection by the co-ordinate Bench. Thereafter, we confirmed the interim protection granted on October 16, 2023. Petitioners Signed By :

DEBABRATA DAS High Court of Calcutta 14 th of March 2024 02:34:26 PM

before us stand on the same footing as that of such coaccuseds. In such circumstances, we grant anticipatory bail to the petitioners before us on the ground of parity. 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) 910 of 2024 is disposed of.

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