Calcutta High CourtCRM (A)/4037/2023allowed

Sahin Mondal @ Maman Mandal And ORS. v. State Of West Bengal

2023-10-04Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 4037 of 2023 04.10.2023 SL. 42 Court No. 29 Suvayan (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Hasnabad Police Station Case No. 153 of 2023 dated 19.04.2023 under Sections 341/325/324/307/506/34 of the IPC.

And In the matter of: Sahin Mondal @ Maman Mandal & Ors. ....petitioners.

Mr. Kallol Kumar Basu Md. Jannat Ul Firdous ...for the petitioners.

Mr. Tanmoy Kr. Ghosh Ms. Pritha Paul ...for the State.

1. Heard learned Counsel for both the parties.

2. It is submitted on behalf of the petitioners that the present petitioners seek parity with one Najmul Molla who has been enlarged on anticipatory bail by us on 28.08.2023 in CRM (A) 3368 of 2023.

3. Learned Counsel for the State though opposes the prayer but, we find that the present petitioners is almost similarly circumstanced with the said Najmul Molla.

4. Regard being had to such facts and submissions, factum of permanent residence of the petitioners, nature of allegation, 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 aforesaid P.S. case on such terms and conditions as deemed just and proper in the facts and circumstances of the case including the conditions that:

i) The petitioners are directed to appear before the I.O. once in a week on the day and time fixed by

the I.O. for the purpose of investigation till submission of F.F.

ii) The petitioners shall not threaten, induce or coerce any witness of this case in any manner whatsoever during the currency of this order.

5. The concerned Arresting Officer is hereby directed to act upon the server copy of this order.

6. Within 21 days from today each of the petitioner shall appear before the I.O. alongwith a server copy/certified copy of this order. If server copy is supplied, learned I.O. shall act upon that.

7. Accordingly, the prayer for the anticipatory bail is allowed. 7.

The application being CRM (A) 4037 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)