Dulal Miah And ANR v. The State Of West Bengal
01.03.2022 CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI COURT : 01 ITEM : 23 MATTER : 439 STATUS : ALLOWED CRM (DB) 38 of 2022 In Re:- An application for bail under section 439 of the Code of Criminal Procedure filed on February 2, 2022 in connection with Dinhata Police Station Case No. 525 of 2021 dated 11.10.2021 under Sections 451/326/307/302/427/379/ 34 of the Indian Penal Code and Section 25(1-A) of the Arms Act. (G.R. Case No. 561 of 2021) TRANSCRIBER : nandy And In the matter of: Dulal Miah & Anr.
...Petitioners
Mr. Sudip Guha, Advocate ...for the Petitioners Mr. Kallol Acharjee, Advocate Mr. Sourav Ganguly, Advocate Mr. Sagnik Shankar Sikdar, Advocate ...for the State The petitioners are seeking bail in connection with Dinhata Police Station Case No. 525 of 2021 dated 11.10.2021 under Section 451/326/307/302/427/379/34 of the Indian Penal Code and Section 25(1-A) of the Arms Act.
The petitioners have been implicated in the aforementioned case along with several accused and are apprehended by the police authority. They are languishing in jail for 139 days.
It is submitted by the learned Advocate for the petitioners that similarly circumstanced co-accused have already been extended the benefit of Section 438 of the Code of Criminal Procedure whereas the petitioners are languishing in jail and, therefore, on the ground of parity they are entitled to be released on bail.
Learned Advocate for the State fairly submits that the petitioners stand on the same footing that of the other coaccused. Since the other co-accused persons have been extended the benefit of Section 438 of the Code of Criminal Procedure, we do not find any justification in not releasing the petitioners on bail on the ground of parity.
As such, the prayer for bail is allowed.
Accordingly, the petitioners namely Dulal Miah and Sahidul Haque, shall be released on bail upon furnishing a bond of Rs.10,000/- each, with two sureties of Rs.5,000/- each, one of whom must be local to the satisfaction of learned Additional Chief Judicial Magistrate, Dinhata and on further condition that the petitioners shall attend the case on each occasion and shall cooperate and assist the prosecution to complete the case without being unreasonable delayed.
The application being CRM (DB) 38 of 2022 is accordingly disposed of.
(Harish Tandon, J) (Rabindranath Samanta, J)