Bibhas Mandal v. State Of West Bengal

15.07.2022 Serial no.10 Aloke CRM (A) 3365 of 2022 In re: An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Hogalberia P.S. Case No. 67 of 2022 dated 06.03.2022 under Sections 306 of the Indian Penal Code. -AndIn the matter of : Bibhas Mandal ... ... Petitioner Mr. Asraf Mandal, Advocate ... ... For the Petitioner Mr. Saswata Gopal Mukherjee, ld. PP Ms. Faria Hossain, Advocate Ms. Mamata Jana, Advocate ... ...For the State Petitioner seeks anticipatory bail on the ground of parity. Considering the fact that the claim for parity with the other co-accused who was enlarged on anticipatory bail by the order dated April 21, 2022 passed in CRM (A) 1805 of 2022 is not being seriously disputed on behalf of the State and considering the fact that the police filed charge-sheet, 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 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 also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on 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. Prayer for anticipatory bail of the petitioner is allowed. CRM (A) 3365 of 2022 is disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)