Sk Asish Ali @ Sk Ashik Ali v. State Of West Bengal

C.R.M. (A) 3539 of 2023 05.10.2023 SL. 8 Court No. 29 Sourav In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Bagnan Police Station Case No. 65 of 2019 dated 18.02.2019 under Sections 420/406/323/376/506/34 IPC (corresponding to G.R. Case No. 328 of 2019).

And In the matter of: Sk. Asish Ali @ Sk. Ashik Ali ....petitioner.

Mr. Ayan Bhattacharya Ms. Subhra Das Mr. Abhrajit Roy Chowdhury ...for the petitioner.

Mr. Swapan Banerjee Mr. Anindya Sundar Chatterjee ...for the State.

1. Heard learned Counsel for the parties.

2. While not pressing this petition for anticipatory bail filed for the third time, learned Counsel for the petitioner submits that he be allowed to surrender before the competent court which is in seisin over the matter and take benefit of the parity.

3. Regard being had to such facts and submissions, the present petition for anticipatory bail being CRM (A) 3539 of 2023 is disposed of directing the petitioner to surrender before the competent Court within 15 days of the reopening of the Court after ensuing Puja Vacation giving three days advance notice to learned PP/APP attached to the said Court. On his surrender and application for bail before the competent court which is in seisin over the matter, such application for bail shall be disposed of on merit after hearing both the parties in accordance with law on the same day. Ground of parity, if

canvassed, shall be taken into consideration while disposing of the prayer for bail.

4. Accordingly, the application being CRM (A) 3539 of 2023 is disposed of.

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)