Calcutta High CourtCRM (A)/3083/2024allowed

Rasid Ali Molla And ORS v. The State Of West Bengal

2024-09-05Hon'Ble Justice Soumen Sen,Hon'Ble Justice Shampa Dutt (Paul)2 pages

05.09.2024 SL No.18 Court No.29 (gc) (Allowed) CRM (A) 3083 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 Udaynarayanpur Police Station Case No.40 of 2022 dated 03.05.2022 under Sections 147/148/149/186/353/ 332/333/308/506 of the Indian Penal Code read with Section 9 of the Maintenance of Public Order Act and Section 3 of the Prevention of Damage to Public Property Act.

And In the matter of : Rasid Ali Molla & Ors.

- Petitioners.

Mr. Kunal Ganguly ....For the Petitioner.

Mr. Binay Kumar Panda, Mr. Habib Hassan ... For the State.

1. Claiming parity with Meheraj Molla @ Meheraj Ali Molla @ Miraj Molla and others in CRM (A) 5100 of 2023 on 1st December, 2023 and a series of orders passed following Meheraj Molla @ Meheraj Ali Molla @ Miraj Molla and others, a prayer for anticipatory bail is made on behalf of the petitioners.

2. The learned Counsel for the State has fairly submitted that the present petitioners stand on the same footing with the coaccused persons who have been granted anticipatory bail.

3. Accordingly, we direct that in the event of arrest, the petitioners, namely, Rasid Ali Molla, Nasir Ali Molla, Rajesh Ali Molla @ Rafik Molla and Samser Ali Molla @ Samser Molla, 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 Signed By :

GURUPADA CHAKRABARTY High Court of Calcutta 6 th of September 2024 01:03:03 PM

down under Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the BNSS, 2023.

4. Petitioner shall appear before the court below and pray for regular bail within four weeks from date.

5. Accordingly, the application for anticipatory bail is disposed of.

6. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Soumen Sen, J.) (Shampa Dutt (Paul), J.) Signed By :

GURUPADA CHAKRABARTY High Court of Calcutta 6 th of September 2024 01:03:03 PM