Manirul Islam @ Manirul Rahaman And ORS. v. State Of West Bengal

20.09.2024 SL No.20 Court No.29 (s.biswas) (Allowed) CRM (A) 3401 of 2024 In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Harirampur Police Station Case No.145 of 2024 dated 24.07.2024 under Sections 126/117(2)/109/351(3)/3(5) of the Bhartiya Nyaya Sanhita, 2023.

And In the matter of : Minarul Islam @ Minarul Rahaman and others - Petitioners.

Mr. Mazahar Hossain Chowdhury ....For the Petitioners.

Mr. Saryati Datta Ms. Suruchi Saha ... For the State.

1. The learned Counsel for the petitioners submits that claiming parity with Majibur Rahaman in CRM (A) 3389 of 2024 who was granted anticipatory bail today by this Bench, the present petitioners may be granted anticipatory bail.

2. The learned Counsel for the State in usual fairness admits that the present petitioners are standing on the same footing as that of Majibur Rahaman.

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

4.

Accordingly, we direct that in the event of arrest, the petitioners namely, Minarul Islam @ Minarul Rahaman, Ajijur Rahaman, Mijanur Rahaman and Sahin Alam, shall be released on bail upon furnishing a bond of Rs.10,000/- each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer and also subject to the conditions as laid Signed By :

SAMIR BISWAS High Court of Calcutta 20 th of September 2024 05:50:35 PM

down under Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the BNSS, 2023 and on further condition that the petitioners shall appear before the trial court within 10 days from date and thereafter shall appear on each and every date of hearing until further orders.

5. In the event, the petitioners fail to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel their bail in accordance with law without any further reference to this court.

6.

Accordingly, the prayer for anticipatory bail of the petitioners is allowed.

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

SAMIR BISWAS High Court of Calcutta 20 th of September 2024 05:50:35 PM