Calcutta High CourtCRM (A)/1740/2022allowed

Somnath Mistri @ Billa Mistri v. State Of West Bengal

2022-04-19Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

(AD) 19.04.2022 C.R.M. (A) 1740 of 2022 Court No.29 (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Falta P.S. Case No.99 of 2021 dated 17/05/2021 under Sections 341/326/307/34 of the Indian Penal Code, corresponding to G.R. No.1237/2021.

And In the matter of: Somnath Mistri @ Billa Mistri ....petitioner.

Mr. P.K. Mitra Mr. Lokenath Chatterjee Mr. Mingshuk Dasgupta ...for the petitioner.

Md. Anwar Hossain Mr. A.E. Molla ...for the State.

Petitioner seeks anticipatory bail.

Learned Advocate appearing for the petitioner submits that the petitioner stands in the same footing as that of the other co-accuseds who were granted anticipatory bail by this Hon'ble Court.

Learned Advocate appearing for the State does not dispute the contentions of parity.

In such circumstances, on the ground of parity with the other co-accuseds who were granted anticipatory bail on December 22, 2021 in CRM 8770 of 2021, we extend the same facility to the petitioner.

Accordingly, we direct that in the event of arrest, the petitioner shall be released on bail upon furnishing a Bond of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of like amount each to the satisfaction of the Arresting Officer and

also 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 will report before the Investigating Officer once a fortnight 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 petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.

The prayer for anticipatory bail of the petitioner is allowed. C.R.M. (A) 1740 of 2022 is disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)