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Calcutta High CourtCRM (A)/2888/2023allowed

Shiladitya Haldar v. State Of West Bengal

2023-08-04Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

04.08.2023 Sl. No.21(S/L) as [ALLOWED] C. R. M. (A) 2888 of 2023 In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Berhampore Police Station Case No. 704 of 2023 dated 31.05.2023 under Sections 448/506/34 of the Indian Penal Code read with Sections 25/27 of the Arms Act. And In Re: Shiladitya Haldar ... ... Petitioner Mr. S. Das Mahapatra, Mr. Ali Ahsan Alamgir, Ms. Soma Mal, Ms. June Modak.

... ... for the petitioner Mr. Saibal Bapuli, ld. A.P.P., Ms. Debjani Sahoo.

... ... for the State Heard learned Advocates for the parties.

It is contended petitioner has been falsely implicated due to political rivalry. Co-accused have been granted anticipatory bail. He prays for similar relief.

Learned Advocate for the State opposes the prayer for anticipatory bail.

We have considered the materials on record. Petitioner stands on the same footing with co-accused who have been granted pre-arrest bail. Possibility of his false implication due to political affiliation cannot be ruled out.

Hence, we are inclined to grant similar relief to the petitioner also.

Accordingly, we direct that in the event of arrest, the accused/petitioner viz., Shiladitya Haldar 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and he shall appear before the court below and pray for regular bail within four weeks from date. The application for anticipatory bail is, thus, disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)