Abdus Sattar Molla And ANR v. The State Of West Bengal

29.07.2024 Court No.29 Item No. 33 Allowed sg CRM (A) 2507 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure read with Section 482 of the BNSS, in connection with Panrui Police Station Case No. 39 of 2022 dated 16.03.2022 under Sections 467/468/471/474/420/120B/504/506 of the Indian Penal Code, pending before the learned Chief Judicial Magistrate, Birbhum at Suri, Birbhum. And In Re: Abdus Sattar Molla & Anr.

Petitioners Mr. Tapas Kr. Ghosh Mr. Tanmoy Chowdhury For the Petitioners Mr. Sudip Kumar Mr. Samarjit Balial For the State Mr. Anil Roy For the defacto complainant Mr. Sanjib Kr. Dan Mr. Saryati Datta For the informant

1. Claiming parity with the co-accused Sanjoy Das, a prayer for anticipatory bail is made.

2.

The learned Counsel for the petitioners submits that Sanjoy Das was a master mind and the petitioner no.1 is the scribe and the petitioner no.2 is the typist. 3.

Considering the materials available in the case diary, the extent of complicity of the petitioners in the commission of alleged offence and having regard to the fact that the co-accused, Sanjoy Das, has been granted anticipatory bail in CRM(A) 5135 of 2022 on 15th November, 2022, we are inclined to grant anticipatory bail to the present petitioners.

4.

Accordingly, we direct that in the event of arrest the petitioners, Abdus Sattar Molla and Abdul Kayum Molla shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only) each, 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 corresponding to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita and on condition that the petitioner will report to the Investigating Officer once in a month 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 petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court.

5.

Accordingly, the prayer for anticipatory bail of the petitioners is allowed. 6.

CRM (A) 2507 of 2024 is, thus, disposed of.

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

(Soumen Sen, J.) (Uday Kumar, J.) Signed By :

SANJIB GHOSH High Court of Calcutta 30 th of July 2024 11:12:22 AM