Rabby Hossain @ Rabbu And ORS v. The State Of West Bengal

CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI 09.02.2021 p.b./rrc C.R.M. 165 of 2021 with C.R.A.N. 1 of 2021 with C.R.A.N. 2 of 2021 In Re:- An application for relaxation of condition of anticipatory bail A N D In Re : Rabby Hossain @ Rabbu & Ors.

... petitioners Mr. Debajit Kundu .....For the petitioners Mr. Tapan Bhattacharjee Mr. Biswarup Roy ......For the State Learned counsel appearing for the petitioners prays for relaxation of a condition imposed by an order dated 3rd August, 2020 of a coordinate bench by which the petitioners, in the event of arrest, were directed to be released on bail upon furnishing security of Rs.10,000/- each together with personal release bond of equivalent value each to the satisfaction of the arresting officer.

Counsel submits that all six petitioners are cultivators and presently do not have adequate cash resources for satisfying the condition of bail as stated above. Counsel accordingly prays that instead of furnishing cash security, the petitioners may be permitted for furnish registered sureties who will stand guarantors for the petitioners in respect of the amount

mentioned as a condition of bail. It is submitted that this is an accepted practice in the learned courts below. We see no impediment in allowing the prayer.

The application for relaxation of bail is accordingly allowed with a direction that the petitioners shall provide registered sureties who will stand guarantor for the like amount in respect of each of the petitioners.

The other conditions imposed for granting bail to the petitioners in the event of arrest, shall remain unchanged. CRAN 1 of 2021 and CRAN 2 of 2021 in CRM 165 of 2021 are allowed in terms of the above.

(Md. Nizamuddin, J.) (Moushumi Bhattacharya, J.)