Motaleb Sk@Motaleb Haque v. State Of West Bengal

22.09.2022 Serial no.13 Aloke CRM (A) 4529 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Kaliachak Police Station Case No. 1175 of 2021 dated 24.10.2021 under Sections 21(c)/29 of the NDPS Act.

-AndIn the matter of : Motaleb Sk @ Motaleb Haque ... ... Petitioner Mr. Tapan Datta Gupta, Advocate Mr. Parvej Anam, Advocate ... ... For the Petitioner Mr. Ranabir Roy Chowdhury, Advocate Mr. Sandip Chakraborty, Advocate ... ...For the State Petitioner seeks anticipatory bail.

The claim for parity with the other co-accused who were granted anticipatory bail is not being disputed on behalf of the State. In such circumstances, we extend the same facility to the petitioner.

Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only), 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 and on condition that the petitioner shall meet the Investigating Officer once in a fortnight till the conclusion of the investigation and on further condition that the petitioner 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.

Prayer for anticipatory bail of the petitioner is allowed. CRM (A) 4529 of 2022 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)