Md Jahid v. The State Of West Bengal

08-10-2024 (ct. no.28) S. De (Allowed) CRM (DB) 3259 of 2024 In re: An Application for Bail under Section 439 of the Code of Criminal Procedure as amended under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Muchipara Police Station Case No. 130 of 2021 dated 31.07.2021, under Sections 307/333/34 of the Indian Penal Code. - A n d - In the matter of : Md. Jahid.

.... petitioner.

Md. Khairul, ... For the petitioner.

Mr. Anwar Hossain, Mr. Samarjit Balial, ... For the State.

Order dictated by Arijit Banerjee, J.

1. Report filed on behalf of the State, be kept with the records.

2. The petitioner claims parity citing an order dated July 5, 2024, passed in CRM (DB) 1916 of 2024, whereby a co-accused person was enlarged on bail. He says that he stands on the same footing as that person. He prays for bail.

3. While opposing the prayer for bail, learned State Counsel, in his usual fairness, does not dispute that this petitioner and the coaccused person, who has been enlarged on bail, as mentioned above, are similarly circumstanced.

4. Hence, on the ground of parity, we allow the petitioner's prayer for bail.

5. Accordingly, we direct that the petitioner, namely, Md. Jahid 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 satisfaction of the learned Chief Metropolitan Signed By :

SANDIP DE High Court of Calcutta 8 th of October 2024 04:48:04 PM

Magistrate, Calcutta and on further condition that he shall not enter the jurisdiction of the Muchipara police station except for the purpose of attending Court proceedings and shall also furnish the address where he will be residing to the officer in charge in whose jurisdiction he will be residing and shall also appear before such officer in charge once in a fortnight until further orders.

6. The petitioner shall appear before the trial Court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever.

7. In the event the petitioner fails to adhere to any of the conditions stipulated above without justifiable cause, the trial court shall be at liberty to cancel the petitioner's bail in accordance with law without further reference to this court.

8. The application for bail is, accordingly, allowed.

9. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. ( Apurba Sinha Ray, J. ) ( Arijit Banerjee, J. ) Signed By :

SANDIP DE High Court of Calcutta 8 th of October 2024 04:48:04 PM