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Calcutta High CourtCRM/5595/2021allowed

Anarul Sk. @Sujol Sk. v. State Of West Bengal

2021-12-09Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Bivas Pattanayak2 pages

09.12.2021 tkm/ct 28 C.R.M. 5595 of 2021 sl no. 78 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Hariharpara P.S case no. 320 of 2019 dated 13.7.2019 under sections 341/302/120B IPC and sections 25/27/35 of the Arms Act And Allowed In Re : Anarul Sk @ Sujol Sk ...... petitioner Mr. J I Hossain ...... for the petitioner Mr. N Ahmed Ms. Trina Mitra ...... for the State Petitioner renews his prayer for bail and submits after rejection of his bail prayer, co-accused persons have been enlarged on bail. He stands on the same footing with the said co-accused persons.

Learned lawyer for the State opposes the prayer for bail. We have considered the materials on record. Petitioner stands on the same footing with co-accused persons who have been enlarged on bail after rejection of his bail prayer by this court. In view of such circumstances and the period of detention suffered by him, we are inclined to grant bail to the petitioner on the principle of parity.

Accordingly, the petitioner be released on bail upon furnishing a bond of Rs. 10,000/- with two sureties of like amount, one of whom must be local to the satisfaction of the learned CJM, Murshidabad on condition that the petitioner shall appear before the trial court on every date of hearing until further orders and

shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event he fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court. The application being CRM 5595 of 2021 is disposed of. (Bivas Pattanayak, J.) (Joymalya Bagchi, J.)