Calcutta High CourtCRM (A)/3778/2023allowed

Sofikul Islam @ Sofiqul And ORS. v. State Of West Bengal

2023-12-05Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen2 pages

5.12.2023 M/L 10 Ct. No.29 (Allowed) (SKB) CRM (A) 3778 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Harishchandrapur P. S. Case No.669 of 2023 dated 09.07.2023 under Sections 147/148/149/332/ 333/353/307/427/506 of the Indian Penal Code read with Section 9 of the West Bengal Maintenance of Public Order Act, 1972 (GR No.1196 of 2023).

In the matter of : Sofikul Islam @ Sofiqul and others ... Petitioners Mr. Arindam Jana, Mr. Soumojit Chatterjee, Mr. Md. Shabbir Biswas, Mr. Arhan Sengupta, Mr. Partha Pratim Sinha ... for the petitioners Mr. Rudradiptya Nandy, ld. APP Mr. Iqbal Kabir ... for the State

1. Heard learned counsel for the parties.

2. The petitioners are stated to be on similar footing with the co-accused persons who have already been released on anticipatory bail in CRM(A) 3159 of 2023 by this court. Though there is stiff opposition from the side of the State, we find no merit on such objection as from record, we find that the present petitioners are similarly circumstanced with the co-accused persons who have already enlarged on anticipatory bail.

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioners, nature of

allegation, nature of injury, ground of parity and substantial progress in investigation, it is directed that each of the petitioner shall be released on bail by the Arresting Officer in the event of their arrest in the GR No.1196 of 2023 arising out of the aforesaid P.S. case on such terms and conditions as deemed just and proper in the facts and circumstances of the case including the condition:

i) The petitioners are directed to appear before the IO once in a fortnight on the day and time fixed by the IO for the purpose of investigation till submission of Final Form.

4. Accordingly, the prayer for the anticipatory bail is allowed.

5. Within 21 days from today petitioners are directed to appear before the I.O. along with a server copy or certified copy of this order.

6. The application being CRM(A) 3778 of 2023 is disposed of.

7. The Arresting Officer is hereby directed to act upon the server copy or certified copy of this order.

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