Md Sofikul @ Mantu And ORS. v. State Of West Bengal

C.R.M. (A) 4393 of 2023 10.01.2024 DL.5 Court No.29 (AD) (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Ratua Police Station Case No.386 of 2023 dated 09.07.2023 under Section 379 of the Indian Penal Code, 1860, read with Sections 3/4 of E.S. Act.[G.R. Case No.2086 of 2023].

And In the matter of: Md Sofikul @ Mantu & Ors.

....petitioners.

Ms. Minoti Gomes Mr. Asfak Ahammed ... for the petitioners.

Mr. Madhusudan Sur, Ld. APP Mr. Arabinda Manna ...for the State.

The application for anticipatory bail is taken up for consideration subsequent to the order dated October 16, 2023 passed by the Coordinate Bench.

By such order, an interim anticipatory bail was granted to the petitioners.

It is submitted at the bar that such order was passed without considering the materials in the case diary and in view of the ensuing puja vacation.

We perused the materials in the case diary.

Petitioners claim parity with co-accused who were enlarged on anticipatory bail by the order dated August 31, 2023 passed in CRM (A) 3572 of 2023.

Claim for parity is not being disputed on behalf of the State. In such circumstances, we confirm the interim order dated October 16, 2023.

Accordingly, we direct that in the event of arrest, the petitioners shall be released on bail upon furnishing a Bond of Rs.10,000/- (Rupees Ten Thousand Only) each, with two sureties of

like amount each, to the satisfaction of the Arresting Officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioners will report before the Investigating Officer once a month till the conclusion of the investigation and on condition that the petitioners 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 petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court. Accordingly, the prayer for anticipatory bail of the petitioners is allowed.

C.R.M. (A) 4393 of 2023 is, thus, disposed of. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)