Radha Jiban Mustafi And ANR. v. State Of West Bengal

C.R.M. (A) 1993 of 2022 02.05.2022 Sl. 11 Court No.29 sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kharagpur (Town) Police Station Case No. 135 of 2022 dated 18.03.2022 under Sections 448/323/325/307/506/354B/34 of the Indian Penal Code.

And In the matter of: Radha Jiban Mustafi & Anr.

....petitioners.

Ms. Devi Priya Mitra ...for the petitioners.

Mr. Saibal Bapuli, Ld. APP Mr. Soumik Ganguli ...for the State.

Petitioners pray for anticipatory bail.

Learned advocate appearing for the petitioner submits that the petitioners are standing on the same footing as that of the other co-accused who were enlarged on anticipatory bail on April 25, 2022 passed in CRM (A) 1849 of 2022.

The claim for parity is not disputed on behalf of the State. In such circumstances, on the ground of parity, we extend the same facility to the petitioners herein.

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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioners will co-operate with the investigation and on condition that the petitioners 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. Accordingly, the prayer for anticipatory bail of the petitioners is allowed.

C.R.M. (A) 1993 of 2022 is, thus, disposed of. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)