Abdul Odud And ORS v. State Of West Bengal

05.01.2024 Ct. No. 29 S.D.

Allowed C.R.M.(A) 4439 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Tamluk Police Station Case No. 752 of 2023 dated 05.07.2023 under Sections 447/341/323/325/307/379/506/34 of the Indian penal Code.

And In Re : Abdul Odud & Ors.

...... petitioners Mr. Amal Krishna Samanta ....for the petitioners Mr. S.S. Imam Mr. S. Kundu ...for the State The application for anticipatory bail is taken up for consideration subsequent to the order dated October 16, 2023 by the Coordinate Bench.

By such order dated October 16, 2023, the petitioners were enlarged on an interim anticipatory bail. It is submitted at the bar that, the order granting interim anticipatory bail was passed just prior to the ensuing puja vacation without considering the materials in the case diary. Learned advocate appearing for the petitioners submits that, co-accused were granted anticipatory by the order dated January 3, 2024 passed in C.R.M. (A) 4406 of 2023. Plea of parity is not being denied on behalf of the State.

In such circumstances, we extend the same facility to the petitioners and 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/- each, with two sureties of like amount each, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner shall meet 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.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)