Md. Jahangir Alam And ORS. v. The State Of West Bengal

06.08.2024 Court No.29 Item No. 24 Allowed sg CRM (A) 2644 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure corresponding to Section 482 of Bhartiya Nagrik Suraksha Sanhita, in connection with Suri Police Station Case No. 353 of 2023 dated 17.08.2023 under Sections 365/34 of the Indian Penal Code read with Sections 25/27 and 35 of Arms Act, pending before the learned Chief Judicial Magistrate, Suri, Birbhum.

And In Re: Md. Jahangir Alam & Ors.

Petitioners Md. M. Nara Chowdhury Ms. Sanhayita De For the Petitioners Mr. Kunal Ganguly For the State 1.

Claiming parity with the co-accused persons, who have been granted anticipatory bail from time to time by the coordinate Benches, a prayer for anticipatory bail is made.

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. 3.

Accordingly, we direct that in the event of arrest, the present petitioners, namely, Md. Jahangir Alam, Mansur Alam, Jamil Alam and Mainuddin, 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 corresponding to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita 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 prayer for anticipatory bail of the petitioners is allowed.

5. 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 7 th of August 2024 01:53:56 PM