Sonu Patel v. The State Of West Bengal

11.07.2024 Court No.29 Item No.26 Allowed ar CRM (A) 2326 of 2024 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Bhadreswar Police Station Case No. 122 of 2020 dated 13.05.2020 corresponding to G.R. Case No. 406 of 2020 under Sections 147/148/149/186/188/332/333/153A/427/436/325/326/307 of the Indian Penal Code read with Section 9 of the West Bengal Maintenance of Public Order Act, 1972 and Section 9(b)(ii) of the Indian Explosive Act, 1884 and Section 3/4 of the Explosive Substance Act, 1908. And In Re: Sonu Patel Petitioner Mr. Samrat Banerjee For the Petitioner Mr. Saibal Bapuli, Ld. APP Ms. Pritha Paul For the State

1. Learned counsel for the petitioner has prayed for pre-arrest bail claiming parity as that of Wakil Ahmed @ Wakil Ansari, who was granted anticipatory bail by a coordinate bench on 1st October, 2020 in CRM 7243 of 2020.

2. Learned counsel for the State has opposed the prayer for anticipatory bail and, however, admits that the petitioner is standing on the same footing as that of Wakil Ahmed @ Wakil Ansari.

3. We have considered the materials on record. Although the injuries suffered by the victim are life threatening, statements do not attribute the specific overt act against the petitioner. The coordinate bench observed that keeping in mind the vague and omnibus nature of accusations made against the petitioner, Wakil Ahmed, we are inclined to grant anticipatory bail to the petitioner on the basis of party. Signed By :

AMITAVA ROY High Court of Calcutta 12 th of July 2024 12:19:24 PM

4. Accordingly, we direct that in the event of arrest, the petitioner, namely, Sonu Patel shall be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like amount each, one of whom must be local, subject to the satisfaction of the Arresting Officer and also to comply with the conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973. The petitioner shall meet the Investigating Officer once in a week or as and when called for till the submission of the final report. The petitioner shall not leave the jurisdiction of Bhadreswar Police Station without the leave of the Investigating Officer and on further condition that the petitioner shall appear before the learned Additional Chief Judicial Magistrate, Chandannagore, Hooghly, within two weeks from date in connection with G.R. Case No. 406 of 2020. In the event of non-compliance of any of the conditions, the anticipatory bail shall stand automatically cancelled without any further reference to this Court.

5. Accordingly, the prayer for anticipatory bail of the petitioner is allowed and the same is accordingly disposed of.

6. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Soumen Sen, J) (Sugato Majumda, J) Signed By :

AMITAVA ROY High Court of Calcutta 12 th of July 2024 12:19:24 PM