Marfat Khan @ Marphat Ali Khan v. State Of West Bengal

12.08.2022 Serial no. 39 [Dd] (Anticipatory bail) Allowed) CRM (A) 3897 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Joypur Police Station Case No. 04 of 2022 dated 14.01.2022 under Sections 143/341/323/324/325/308/506 of the Indian Penal Code and subsequently Section 302 of the Indian Penal Code is added on dated 29.01.2022 (corresponding to G.R. Case No. 37 of 2022) -AndIn the matter of : Marfat Khan @ Marphat Ali Khan ... ... Petitioner Mr. Ayan Basu, Mr. Sandip Kr. Mondal, Mr. Sumit Routh, Advocates ... ... For the Petitioner Ms. Zareen N. Khan, Md. Kutubuddin, Advocates ... ...For the State The claim for parity made on behalf of the petitioner that other co-accused who was enlarged on anticipatory bail on July 8, 2022 passed in CRM (A) 3225 of 2022 and on August 4, 2022 passed in CRM (A) 3714 of 2022 is not being disputed on behalf of the State.

In such circumstances, we are inclined to grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest the petitioner shall 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 be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner shall report before the

Investigating Officer once in a week till the conclusion of the investigation and on further condition that the petitioner 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. Prayer for anticipatory bail of the petitioner is allowed. CRM (A) 3897 of 2022is disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)