Monirul Molla @ Monirul Islam Molla And ORS. v. State Of West Bengal

05.02.2024 Item No.482 Ct. No. 29 CHC Allowed C.R.M.(A) 5559 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Udaynarayanpur Police Station Case No. 40 of 2022 dated 03.05.2022 under Sections 147/ 148/ 149/ 186/ 353/ 332/ 333/ 308/506 and addition Section 354 of the Indian Penal Code and Section 9 of the Maintenance of Public Order Act and Section 3 of the Prevention of Damage to Public Property Act. And In the matter of : Monirul Mollah @ Manirul Islam Molla & ors. ...... petitioners Mr. Sauradeep Dutta ....for the petitioners Mr. Anwar Hossain, Ms. Sayanti Santra ....for the State Petitioners pray for anticipatory bail.

Police filed charge-sheet.

Claim for parity with the co-accused who were granted anticipatory bail by the order dated January 11, 2024 passed in CRM(A) 71 of 2024 and order dated December 1, 2023 passed in CRM(A) 5100 of 2023 is not being disputed on behalf of the State.

In such circumstances, we extend the same facility to the petitioners.

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 also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 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. CRM(A) 5559 of 2023 is disposed of.

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