Md Ahid Momin @Md Wahid v. State Of West Bengal

08.10.2021 Serial no. 25 Dd (Through Video Conference) CRM 4362 of 2021 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kaliachak Police Station Case No. 668 of 2015 dated 23.11.2015 under Sections 302/34 of the Indian Penal Code read with Section 25/27 of the Arms Act (G.R. Case No. 4361 of 2015) -AndIn the matter of : Md. Ahid Momin @ Md. Wahid ... Petitioner Mr. Mritunjoy Chatterjee, Md. G. N. Imrohi, Advocates ... ... For the Petitioner Mr. Swapan Banerjee, Ms. Purnima Ghosh, Advocates ... ...For the State Petitioner seeks anticipatory bail.

Learned advocate appearing for the petitioner submits that the principal accused was granted bail by the jurisdictional Court. Other co-accused were granted anticipatory bail by the co-ordinate Bench. He submits that his client stands on a better footing than the persons who were granted anticipatory bail by the co-ordinate Bench. Learned advocate appearing for the State refers to the case diary.

Considering the materials in the case diary and considering the nature of involvement of the petitioner in the incident and considering the fact that one of the accused is on bail and other co-accused on anticipatory bail and considering that the charge sheet has been submitted, we are inclined to grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest, the petitioner shall be released on anticipatory 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 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 shall appear before the Court below and pray for regular bail within four weeks from date and on a further condition that the petitioner shall appear before the jurisdictional Court on every date fixed for hearing. Prayer for anticipatory bail is allowed.

CRM 4362 of 2021 is disposed of.

(Debangsu Basak, J.) (Ananda Kumar Mukherjee, J.)