Mukesh Chandra Sarkar And ORS v. State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

Criminal Miscellaneous Jurisdiction 02-12-2021 Item no.46 Subrata allowed CRM No.6129 of 2021 Mukesh Chandra Sarkar & Ors.

-vsThe State of West Bengal In Re: An application for anticipatory bail under Section 438 CrPC in connection with Gangarampur P.S. Case No.23 of 2021 dated January 19, 2021 under sections 341/326/307/302/34 IPC read with sections 25(1A)/25(1B)/27(3) Arms Act and sections 3/ 4 Explosive Substances Act, 1908.

Mr. Moyukh Mukherjee Mr. Pritim Roy Mr. Abhijit Singh ...for the petitioners Mr. Swapan Banerjee Mr. Suman De ... for the State On the prayer of learned advocate for the petitioners, CRM No.6129 of 2021 is dismissed as not pressed so far as the first petitioner (Mukesh Chandra Sarkar) is concerned. The second and third petitioners seek parity with the other coaccused who were granted anticipatory bail by this court on November 10, 2021 in CRM No.6907 of 2021.

Heard learned advocate for the State.

Considering the fact that the State is unable to distinguish between the second and the third petitioners before us and the coaccused granted anticipatory bail on November 10, 2021, they can justifiably claim parity with such co-accused.

In such circumstances, we grant such petitioners anticipatory bail. Accordingly, we direct that in the event of arrest, the second petitioner (Bappa Sarkar) and the third petitioner (Badal Sarkar) shall be released on bail upon furnishing a bond of Rs.10,000 (Rupees ten thousand only) each with two sureties of like amount each, to the satisfaction of the arresting officer and also subject to the conditions laid down under section 438(2) CrPC ; and on further condition that they shall appear before the jurisdictional court on the

dates of trial and pray for regular bail within four weeks from date. The application for anticipatory bail being CRM No.6129 of 2021 is thus disposed of.

[Debangsu Basak, J] [Bibhas Ranjan De, J]