Sohail Akhtar @ Moina @ Sohail Akhtar Ansari v. The State Of West Bengal

27.

18.02.2025.

Court No.26 (Pritam) (Allowed)

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION CRM (DB) 4007 of 2024 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973 / Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, arising out of Sankrail Police Station Case No.315/2021 dated 14.03.2021 under Sections 341/323/325/307/385/34 of the IPC, 1860 & Sections 25(6) & 25(1-B)(a) of the Arms Act.

And In the matter of: - Sohail Akhtar @ Moina @ Sohail Akhtar Ansari.

...petitioner.

Mr. Mrintunjoy Chatterjee ...for the petitioner.

Ms. Rituparna De Ghose, Ms. Sudeshna Das ...for the State.

1. Claim of parity with the co-accused who were granted bail by a co-ordinate bench and by the jurisdictional court is not being disputed on behalf of the State.

2. Co-accused was enlarged on bail by a co-ordinate bench on November 25, 2024 in CRM (DB) 2846 of 2024.

3. On the claim of parity, we extend the same facility to the petitioner.

4. Accordingly, we direct that the petitioner, namely, Sohail Akhtar @ Moina @ Sohail Akhtar Ansari shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand), with two sureties of like amount each, one of whom

must be local, to the satisfaction of learned C.J.M., Howrah. The petitioner shall appear before the trial Court on each and every date of substantive hearing subject to the provisions of Section 317 of the Code of Criminal Procedure, 1973 / Section 355 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever. He shall not leave the jurisdiction of the Sankrail Police Station and shall meet the Officer-inCharge/Inspector-in-Charge of the concerned police station once in every week until further orders.

5. In the event the petitioner fails to comply with any of the conditions stipulated above, the trial Court shall be at liberty to cancel the bail in accordance with law without further reference to this court.

6. The application for bail being CRM (DB) 4007 of 2024 is, thus, disposed of.

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