Koustav Mitra @ Kaustav Mitra v. State Of West Bengal

28.11.2022 Serial no. 05 [Dd] (Anticipatory bail) Allowed) CRM (A) 5436 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Spl. Case no. 05 of 2021 arising out of Bhagwangola Police Station Case No. 94 of 2020 dated 19.02.2020 under Sections 406/420/468/471/34 of the Indian Penal Code and subsequently charge sheet submitted under Sections 406/409/381/420/468/471/120B of the Indian Penal Code.

-AndIn the matter of : Koustav Mitra @ Kaustav Mitra ... ... Petitioner Mr. Somnath Adhikary, Advocate ... ... For the Petitioner Mr. Rudradipta Nandy, ld. APP Ms. Sonali Das, Advocates ... ...For the State The claim for parity of one co-accused who was enlarged on bail by order dated September 8, 2022 passed in CRM (DB) 3047 of 2022 and other co-accused who was enlarged on anticipatory bail by order dated November 11, 2022 passed in CRM (A) 4897 of 2022 is not being disputed on behalf of the State.

Police filed charge sheet.

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

Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only), 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 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 petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court. Prayer for anticipatory bail of the petitioner is allowed. CRM (A) 5436 of 2022 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)