Badirul Alam @ Babor @ Babor Ali And ORS v. The State Of West Bengal

29.08.2024 SL No.33 Court No.29 (gc) (Allowed) CRM (A) 2937 of 2024 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Harishchandrapur Police Station Case No.238 of 2022 dated 29.03.2022 under Sections 143/144/145/147/148/ 149/341/188/323/307/427 and 506 of the Indian Penal Code read with Section 9 of the Maintenance of Public Order Act, 1972.

And In the matter of : Badirul Alam @ Babor @ Babor Ali & Ors. - Petitioners.

Mr. Soupal Chatterjee, Mr. Anupam Das ....For the Petitioners.

Ms. Sreyashee Biswas ... For the State.

1. The State did not oppose the claim for parity with the other coaccused, who were enlarged on anticipatory bail by the order dated December 22, 2022 passed in CRM (A) 5963 of 2022 and order dated January 18, 2023 passed in CRM (A) 233 of 2023.

2. In such circumstances, we grant anticipatory bail to the petitioners.

3. Accordingly, we direct that in the event of arrest, the petitioners, namely, Badirul Alam @ Babor @ Babor Ali, Kamirul Alam @ Kajol, Yusuf Ali, Jahiruddin, Anjarul Haque @ Arjaul and Ansarul Haque shall be released on bail upon furnishing a bond of Rs.10,000/- 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 BNSS, 2023 and on further condition that the Signed By :

GURUPADA CHAKRABARTY High Court of Calcutta 30 th of August 2024 11:07:36 AM

petitioners shall meet the Investigating Officer once a month till the conclusion of the investigation and on 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.

4. This application for anticipatory bail is, thus, allowed.

5. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Soumen Sen, J.) (Uday Kumar, J.) Signed By :

GURUPADA CHAKRABARTY High Court of Calcutta 30 th of August 2024 11:07:36 AM