Shah Alam @ Tinku And ANR v. The State Of West Bengal
19.
08.10.2024 Court No.28 (Tanmoy) Allowed
IN THE HIGH COURT AT CALCUTTA
CRIMINAL MISCELLANEOUS JURISDICTION CRM (DB) 2016 of 2024 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973 / Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, arising out of Raninagar Police Station Case No.
374/2021 dated 16.08.2021 under Sections 341/325/326/307/302/120B/34 of the Indian Penal Code, 1860 read with Sections 25/27 of the Arms Act & Sections 3/4 of E.S. Act.
And In the matter of: - Shah Alam Tinku & Anr.
...petitioners.
Mr. Chitta Ranjan Chakraborty Mr. Dip Jyoti Chakraborty Ms. Puspa Rani Jaiswara ...for the petitioners.
Ms. Anasuya Sinha, APP Mr. Nirupam Dhali ...for State.
Dictated by Arijit Banerjee, J.
1. The petitioners claim parity citing an order dated October 3, 2024, passed in CRM (DB) 2303 of 2024, whereby a coaccused person was enlarged on bail. They say that they stand on the same footing as that person. They pray for bail.
2. While opposing the prayer for bail learned Additional Public Prosecutor, in her usual fairness, does not dispute that these petitioners and the co-accused person, who has been enlarged on bail, as mentioned above, are similarly circumstanced.
3. Hence, on the ground of parity, we allow the petitioners' prayer for bail.
4. Accordingly, we direct that the petitioner, namely, 1. Shah Alam Tinku, 2. Sohidul Sekh shall be released on bail Signed By :
TANMOY GHOSH High Court of Calcutta 8 th of October 2024 03:20:42 PM
upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand) each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Lalbagh, Murshidabad, subject to condition that the petitioners shall appear before the Trial Court on each and every date of substantive hearing subject to the provisions of Section 317 of the Code of Criminal Procedure, 1973 / Section 355 of Bharatiya Nagarik Suraksha Sanhita, 2023, and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever and on further condition that the petitioners, while on bail, shall not leave the territorial jurisdiction of Raninagar Police Station and shall report to the Officer-inCharge/Inspector-in-Charge of the said Police Station once in every week, until further orders.
5. In the event the petitioners fail to adhere to any of the conditions stipulated above without any justifiable cause, the Trial Court shall be at liberty to cancel their bail in accordance with law without further reference to this Court.
6. The application for bail being CRM (DB) 2016 of 2024 is accordingly disposed of.
7. Criminal Section is directed to make available urgent photostat certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities. (Apurba Sinha Ray, J.) (Arijit Banerjee, J.) Signed By :
TANMOY GHOSH High Court of Calcutta 8 th of October 2024 03:20:42 PM