Sarathi Mondal v. State Of West Bengal And ORS.

02.05.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 2007 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Taherpur Police Station Case No. 64 of 2018 dated 19.04.2018 under Sections 447/341/326/307/302/34 of the Indian Penal Code, 1860.

And In Re : Sarathi Mondal ...... petitioner Mr. Debarshi Brahma ....for the petitioner Mr. Rudradipta Nandy ....for the State Petitioner prays for anticipatory bail on the ground that the petitioner stands on the same footing as that of the other co-accused, who was enlarged on anticipatory bail on March 9, 2022 passed in CRM (A) 1134 of 2022.

Learned advocate appearing for the State does not dispute the contention of parity.

In such circumstances, on the ground of parity, we grant anticipatory bail 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/-, 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 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.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)