Ekrajul Miya And ORS v. The State Of West Bengal
02.03.2022 COURT : 01 ITEM : 30 MATTER : 438 STATUS : ALLOWED TRANSCRIBER : Saswata CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI CRM (A) 57 of 2022 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed in connection with Sitalkuchi Police Station Case No.
dated 04/07/2021 under Sections 447/341/324/325/326/354/307/34 of the Indian Penal Code. And In the matter of : Ekrajul Miya & Ors.
...Petitioners
Mr. Satarudriya Mukherjee Miss Sukanya Adhikary ...for the Petitioners Mr. Tapan Bhattacharya Ms. Namrata Das ...for the State Apprehending arrest, the petitioners have filed the instant application for anticipatory bail in connection with Sitalkuchi Police Station Case No.
under Sections 447/341/324/325/326/354/307/34 of the Indian Penal Code. According to the learned advocate for the petitioners, the incident took place as a result of a scuffle over the plot of land and right to possess and make cultivation thereupon. It is further submitted that the instant case has been initiated against the petitioners as a counterblast to the complaint lodged by the petitioners against the de facto complainant of this case. Learned advocate for the State opposes the prayer for anticipatory bail and submits that the statements of witnesses recorded under Section 161 of the Code of Criminal Procedure would reveal the names of the petitioners as the prime accused and, therefore, they are not entitled for anticipatory bail.
We had an occasion to peruse the case diary and the statements of the witnesses recorded under Section 161 of the Code of Criminal Procedure. We further notice that some of the co accused, namely, Manir @ Nabir Miah, Chamir Ali @ Chamir Mia, Hamer Ali and Sahider Miya had been extended the benefit of Section 438 of the Code in CRM 1231 of 2021 on 07/01/2022.
statements recorded under Section 161 of the Code. However, we find that names of some of the petitioners have also been disclosed by the said witnesses. There is no specific role attributable to the conduct of the petitioners which can make a differentiation with the other co accused who have been granted anticipatory bail. The allegation is omnibus in nature and attributable to the conduct of all the co accused.
We, thus, do not find any justification in refusing to extend the benefit of Section 438 of the Code of Criminal Procedure to the petitioners on the ground of parity.
As such, the prayer for anticipatory bail is allowed. Accordingly, in the event of arrest the petitioners namely Ekrajul Miya, Jakir Hossain Mia, Akramul Miah & Safikul Mia shall be released on bail upon furnishing a bond of Rs.10,000/- each, with two sureties like amount each, one of whom must be local to the satisfaction of the arresting officer on further condition as enshrined under Section 438(2) of the Code of Criminal Procedure and on further condition that the petitioners shall meet the Investigating Officer once in a week.
The application being CRM (A) 57 of 2022 is accordingly disposed of.
(Harish Tandon, J) (Rabindranath Samanta, J)