Ferdaus Halder And ORS v. State Of West Bengal

09.10.2020 DL No.34 Court No.23 am CRM 6652 of 2020 CRAN 1 of 2020 (Through Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Chanditala P.S. Case No.196/2020 dated 10.08.2020 under Sections 147/148/149/186/188/283/341/332/333/353/307/427/50 4/506 of the Indian Penal Code.

And In the matter of: Ferdaus Halder & Ors.

....Petitioners.

Mr. Bikash Ranjan Bhattacharya, Sr. Adv., Mr. Uday Sankar Chattopadhyay, Mr. Suman Sankar Chatterjee, Mr. Santanu Maji, Ms. Snigdha Saha, Mr. Subhayu Das ...for the Petitioners.

Mr. Rana Mukherjee, Ms. Puspita Saha ...for the State.

The petitioners undertake to affirm and stamp the petition/application as per Rules within one month of resumption of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing through video conference. Accordingly, the application being CRAN 1 of 2020 is disposed of.

The learned Counsel appearing on behalf of the petitioners submits that persons similarly placed as that of the petitioners have been granted bail by a co-ordinate bench on 18th September, 2020 on similar facts.

The learned Counsel appearing on behalf of the State however opposes the prayer for anticipatory bail of the petitioners.

Having considered the materials on record available in the case diary and the extent of complicity and involvement of the petitioners in the commission of the offence, we are inclined to allow the prayer for anticipatory bail to the petitioners. In the event of arrest the petitioners shall be released on anticipatory bail upon furnishing a bond of Rs.10,000/- (rupees ten thousand) together with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer subject to the condition as laid down under Section 438(2) of the Cr.P.C. It is further directed that the petitioners shall meet the I.O. of the case once a week and shall co-operate with the investigation and shall not leave the jurisdiction of Chanditala Police Station without the leave of the trial court. It is further directed that the petitioners shall be on anticipatory bail for a period of 12 weeks and they shall pray for regular bail before the trial court in the meantime. The application for anticipatory bail being CRM 6652 of 2020 is allowed.

All parties are to act on a website copy of this order on the usual undertaking.

(Saugata Bhattacharyya, J.) (Soumen Sen, J.)