Sk. Boni Hasem @ Boni Hossain And ORS v. State Of West Bengal

rkd 24.12.2020 Ct. No.28 (Allowed) C.R.M. 10641 of 2020 (Through Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Panrui P.S. Case No. 129 of 2019 dated 27/07/2019 under Section 143/144/341/323/325/326/307/379 of the Indian Penal Code and under Sections 3/4 of the E. S. Act and under Sections 25/27 of the Arms Act.

And In the matter of: Sk. Boni Hasem @ Boni Hossain & Ors. ....petitioners.

Mr. T. Asharya ...for the petitioners.

Mr. S. Bapuli, Mr. A. Bhattacharya ...for the State.

Petitioners renew their prayer for anticipatory bail. It is submitted on behalf of the petitioners that co-accused person has been granted pre-arrest bail. They are not the principal accused.

Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail.

Having considered the materials in the case diary and bearing in mind the extent of complicity of the petitioner in the alleged crime and as co-accused person has been granted anticipatory bail and they are not the principal accused, we are inclined to extend the same privilege to the petitioners also. In the event of arrest, the petitioners shall be released on bail upon furnishing a Bond of Rs. 10,000/- each with two sureties of like amount each to the satisfaction of the Arresting Officer and also subject to the conditions as laid down under

Section 438(2) of the Code of Criminal Procedure, 1973. The application for anticipatory bail is, thus, disposed of. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)