Johorul Sk @ Asmail Sk v. State Of West Bengal
19.05.2023 Ct. No. 29 CHC Allowed C.R.M.(A) 2081 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Bhagwangola Police Station Case No. 66 of 2023 dated 22.02.2023 under Sections 341/323/325/308/379/34 of the Indian Penal Code, 1860, whereby Charge sheet filed under Sections 341/323/325/308/34 of the Indian Penal Code, 1860. And In the matter of : Johorul Sk @ Asmail Sk ...... petitioner Mr. Ali Ahsan Alamgir, Ms. Soma Mal, Ms. June Modak ....for the petitioner Mr. Navonil De ....for the State Police filed charge-sheet.
Claim of parity with the co-accused who were enlarged on anticipatory bail by the order dated May 11, 2023 passed in CRM (A) 1935 of 2023 is not being disputed on behalf of the State.
Consequently, 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 further condition that the petitioner shall appear on every date 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.) (Md. Shabbar Rashidi, J.)