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Calcutta High CourtCRM (A)/2518/2022partly allowed

Iyakub Sekh @ Yakub Sk And ORS v. State Of West Bengal

2022-06-10Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ananya Bandyopadhyay2 pages

10.06.2022 cm/ct 28 C.R.M.(A) 2518 of 2022 sl no. 108 In Re : An application for Anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Labpur P.S. Case No. 03 of 2022 dated 07.01.2022 under Sections 447/323/326/307/506/34 of the Indian Penal Code.

And Partly Allowed In Re : Lyakub Sekh @ Yakub Sk & Ors.

..... petitioners Mr. Biswajit Hazra ...... for the petitioners Mr. S.G. Mukherji, Ld. P.P.

...... for the State Petitioners submit that the prayer for anticipatory bail of petitioner No.1 is not pressed.

Accordingly, the prayer for anticipatory bail of petitioner No.1 is not pressed.

It is contended on behalf of the petitioners that petitioner Nos. 2 and 3 stands on the same footing with co-accuseds who have been granted anticipatory bail in CRM (A) 2183 of 2022 passed on 17.05.2022.

Keeping in mind the extent of complicity of the petitioners in the alleged crime and as co-accuseds have been granted anticipatory bail, we are inclined to extend the same privilege to the petitioner No.2 and 3 also.

Accordingly, we direct that in the event of arrest, the petitioner No.2 and 3 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 subject to the

conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

Petitioner No.2 and 3 shall appear before the court below and pray for regular bail within four weeks from date. The application being CRM (A) No. 2518 of 2022 is disposed of.

( Ananya Bandyopadhyay, J. ) ( Joymalya Bagchi, J.)