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Calcutta High CourtCRM/10376/2020allowed

Asraful Hoque@Israfil And ANR v. State Of West Bengal

2020-12-15Hon'Ble Justice Joymalya Bagchi (27.06.2011 - 29.08.2020),Hon'Ble Justice Suvra Ghosh2 pages

15.12.2020 Saswata (Allowed).

C.R.M. 10376 of 2020 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 10.12.2020 in connection with Ratua P. S. Case No.173 of 2020 dated 27.03.2020 under Sections 143/188/269/271/325/326/307/353/333/427 of the IPC and Sections 3 of the PDPP Act In the matter of : Asraful Hoque @ Israfil & anr. ... Petitioners.

Mr. Kausik Biswas ...for the Petitioners.

Mr. Swapan Banerjee Mr. Suman De .....for the State.

It is submitted on behalf of the petitioners that they have been falsely implicated in the instant case. Co-accused has been granted pre-arrest bail.

Learned lawyer submits that police personnel were assaulted.

We have considered the extent of complicity of the petitioners in the alleged crime and they stand on the same footing with the co-accused who has been granted pre-arrest bail. Accordingly, we are inclined to grant anticipatory bail to the petitioners Accordingly, we direct that in the event of arrest, the petitioners 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

(Suvra Ghosh, J.) (Joymalya Bagchi, J)