Sk Masud And ANR v. State Of West Bengal

08.10.2021 Ct. No. 29 KAUSHIK Allowed C.R.M. 4315 of 2021 (via video conference) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Daspur Police Station Case No. 310 of 2019 dated 17.08.2019 under Sections 143/149/323/325/307/354B/506/34 of the Indian Penal Code.

And In Re : Sk. Masud & Anr.

...... petitioner Mr. Sudip Banerjee ....for the petitioner Mr. Bidyut Kumar Roy Ms. Rita Dutta ....for the State Petitioners seek anticipatory bail.

Learned advocate appearing for the petitioners submits that, three other persons were granted anticipatory bail by the Jurisdictional Court and, therefore, the petitioners seek parity. Learned advocate appearing for the State draws the attention of the Court to the contents of the case diary, particularly the statement recorded under Section 161 of the Code of Criminal Procedure.

Considering the fact that other co-accused, who were granted anticipatory bail by the Jurisdictional Court, is on the same footing as that of the petitioner and considering the contents of the case diary as also the fact that the police

submitted charge-sheet, we grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- 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 condition that the petitioners shall appear before the jurisdictional court on every date fixed and pray for regular bail within a period of four weeks from date.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Ananda Kumar Mukherjee, J.)