Calcutta High CourtCRM(A)/21/2022allowed

Khairul Haque And ORS v. The State Of West Bengal

2022-01-11Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Aniruddha Roy2 pages

11-01-2022 (ct. no.1) KOLE Circuit Bench of Calcutta High Court at Jalpaiguri CRM (A) 21 of 2022 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Dinhata Police Station Case No. 526 of 2021 dated 11.10.2021 under Sections 447/323/307/302/34 of the Indian Penal Code read with Sections 25(1-A)/27 of the Arms Act. - A n d - In the matter of : Khairul Haque & Ors.

.... Petitioners.

Mr. S. Chatterjee, Mr. A. Ghosh, ... For the Petitioners.

Mr. Aditi S. Chakraborty, Ld. APP, Mr. S. Ganguly, ... For the State.

The petitioners say that the incident was a free fight between two groups of neighbours. One person belonging to each group perished in the scuffle. The petitioners' group has lodged a previous complaint being Dinhata Police Station Case No. 525 of 2021. The present complaint is a subsequent one by the rival group. One of the accused in the Dinhata Police Station Case No. 525 of 2021 has been granted anticipatory bail by a Coordinate Bench of this Court by an order dated December 17, 2021 in CRM 1164 of 2021. Learned Counsel for the petitioners says that the present petitioners are similarly situated as that person belonging to the other group who has been granted anticipatory bail. We have heard learned Counsel for the State who opposes the prayer for anticipatory bail. He draws our attention to statements of witnesses and the seizure list.

We have considered the facts and circumstances of the case. Prima facie, it appears that the present petitioners stand exactly on the same footing as the person who was granted anticipatory bail by this Court in connection with Dinhata Police Station Case No. 525 of 2021. On the ground of parity, we are inclined to allow the prayer for anticipatory bail of the present petitioners.

Accordingly, in the event of arrest, the petitioners, namely, Khairul Haque, Asadul Haque, Jahir Ali and Aminul Hossain, shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand) each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer and shall meet the Investigating Officer once in a week until further orders. The petitioners shall abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure. In the event the petitioners fail to adhere to any of the conditions stipulated in Section 438(2) of the Code of Criminal Procedure, the learned Court below will be at liberty to cancel the anticipatory bail without further reference of this Court. The application for anticipatory bail being CRM (A) 21 of 2022 is, thus, allowed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. ( Aniruddha Roy, J. ) ( Arijit Banerjee, J. )