Calcutta High CourtCRM (A)/3288/2024allowed

Jaiprakash Tiwari @ Mahesh Tiwari v. The State Of West Bengal

2024-09-13Hon'Ble Justice Soumen Sen,Hon'Ble Justice Prasenjit Biswas2 pages

13.09.2024 SL No.21 Court No.29 (gc) (Allowed) CRM (A) 3288 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Kulti Police Station Case No.271 of 2024 dated 15.06.2024 under Sections 498A/304B/120B of the Indian Penal Code.

And In the matter of : Jaiprakash Tiwari @ Mahesh Tiwari - Petitioner.

Mr. Debapriya Samanta ....For the Petitioner.

Mr. Suman De, Mr. Raju Mondal ... For the State.

1. The learned Counsel for the petitioner submits that claiming parity with the Jhunu Tiwari @ Tarakeshwar Tiwari, who was granted anticipatory bail by an order dated 19th August, 2024 passed by a Coordinate Bench in CRM (A) 2844 of 2024, the present petitioner may be granted anticipatory bail.

2. The learned Counsel for the State in usual fairness admits that the present petitioner is standing on the same footing as that of Jhunu Tiwari @ Tarakeshwar Tiwari, who have been granted anticipatory bail on 19th August, 2024.

3. Under such circumstances, we are inclined to grant anticipatory bail to the petitioner.

4. Accordingly, we direct that in the event of arrest, the petitioner, namely, Jaiprakash Tiwari @ Mahesh Tiwari, shall be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like amount each, one of whom must be local, to the Signed By :

GURUPADA CHAKRABARTY High Court of Calcutta 13 th of September 2024 05:52:50 PM

satisfaction of the arresting officer and also subject to the conditions as laid down under Section 438(2) of the Cr.P.C., 1973 corresponding to Section 482(2) of the BNSS, 2023 and the petitioner shall meet the I.O. once in a fortnight till the submission of the final report.

5. It is further directed that the petitioner shall appear before the learned Chief Judicial Magistrate, Asansol, Paschim Bardhaman in connection with G.R. Case No.1664 of 2024 within two weeks from date.

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

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

GURUPADA CHAKRABARTY High Court of Calcutta 13 th of September 2024 05:52:50 PM