Subal Chandra Mandal v. State Of West Bengal

26.03.2021 Ct.04 RP 125 Allowed CRM 11222 of 2020 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with S.I.'s S.L. No.32/15-16 dated 12.02.2016 under Sections 18(c)/8(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

And In the matter of : Subal Chandra Mondal .... Petitioner Ms. Minoty Gomez Mr. Mazhar Hossain Chowdhury Mr. Suman Karmakar Ms. Arina Bhattacharjee .... For the Petitioner Mr. Sanjay Bardhan Mr. Palash Chandra Majhi .... For the State The present application under section 438 of the Code of Criminal Procedure, 1973 filed at the instance of Subal Chandra Mondal is taken up for hearing and order. It is submitted on behalf of petitioner that the petitioner claims parity with co-accused standing on the same footing who was granted anticipatory bail earlier. The State produces the case diary and opposes the prayer for anticipatory bail.

It transpires that co-accused standing on the same footing as that of the petitioner has been granted anticipatory bail earlier and investigation has culminated into filing of charge sheet. In the circumstances, we are inclined to extend the same privilege to the petitioner also.

Accordingly, in the event of arrest, the petitioner is directed to be released on anticipatory bail upon furnishing bond of Rs.10,000/-( Rupees Ten Thousand only) with two sureties of like amount to the satisfaction of the Arresting Officer. The petitioner will abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

CRM 11222 of 2020 is disposed of.

(Arindam Sinha, J.) (Suvra Ghosh, J.)