Mosarof Hossain And ORS. v. State Of West Bengal

22.01.2024 Item No.90 Ct. No. 29 CHC Allowed C.R.M.(A) 5720 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Gazole Police Station Case No. 130 of 2023 dated 23.02.2023 under Sections 341/325/307/506/34 of the Indian Penal Code. And In the matter of : Mosarof Hossain Chowdhury & ors. ...... petitioners Mr. Amitava Karmakar, Mr. Arup Kumar Bhowmick ....for the petitioners Ms. Debjani Sahu ....for the State Petitioner no.2, namely, Tasrif Hossain @ Tasrif Hossain Chowdhury was arrested and therefore CRM(A) 5720 of 2023 is dismissed as infracutuous so far as he is concerned. Petitioners stands on the same footing as that of other coaccused who were granted anticipatory bail by the order dated July 13, 2023 passed in CRM(A) 2433 of 2033.

Police filed charge-sheet.

Consequently, we grant anticipatory bail 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) 5720 of 2023 is disposed of.

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