Sabbir Alam @ Sabir Alam v. The State Of West Bengal

08.07.2024 SL No.24 Court No.29 (gc) (Allowed) CRM (A) 2206 of 2024 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed in connection with Suri Police Station Case No.353 of 2023 dated 17.08.2023 under Sections 365 and 34 of the Indian Penal Code read with Sections 25/27 and 35 of the Arms Act, 1959.

And In the matter of : Sabbir Alam @ Sabir Alam & Ors. - Petitioners.

Md. M. Nazar Chowdhury, Mr. M.A. Salik, Ms. Sanchayita De ....For the Petitioners.

Mr. Suman De, Ms. Atulya Sinha ... For the State.

1. Claiming parity with other co-accused persons who have been granted anticipatory bail by the Coordinate Benches from time to time being not opposed by the State, we allow this application for anticipatory bail to the petitioners.

2. In this regard, we have considered the order passed on 4th January, 2024 by the Coordinate Bench in CRM (A) 4481 of 2023 in the matter of Hamidul Rahaman and subsequent orders granted anticipatory bail and there is no doubt that the present petitioners stand on the same footing as that of the coaccused who have been granted anticipatory bail from time to time.

Signed By :

GURUPADA CHAKRABARTY High Court of Calcutta 8 th of July 2024 06:10:55 PM

3. Accordingly, we direct that in the event of arrest, the present petitioners, namely, Sabbir Alam @ Sabir Alam, Md. Fariyad Alam @ Fariyad Alam, Biplab Das, Md. Laltu @ Laltu Mahammad, Julfukar Alam and Md. Jalaluddin shall be released on bail upon furnishing a bond of Rs.10,000/- each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer and also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioners shall meet the Investigating Officer once in a week till the conclusion of the investigation and on further condition that the petitioners 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.

4. Accordingly, the application for anticipatory bail is disposed of.

5. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Soumen Sen, J.) (Uday Kumar, J.) Signed By :

GURUPADA CHAKRABARTY High Court of Calcutta 8 th of July 2024 06:10:55 PM