Niknai Sarkar @ Niknai @ Mostafa Hoque v. The State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

Circuit Bench at Jalpaiguri 27.02.2023.

139.

as (Allowed).

C.R.M. (A) 89 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Mekhliganj P. S. Case No.246 of 2022 dated 25.07.2022 under Sections 379/411 of the Indian Penal Code read with Section 11(1)(d) of Prevention of Cruelty to Animal Act read with Section 14A and 14C of the Foreigners Act. In the matter of : Niknai Sarkar @ Niknai @ Mostafa Hoque.

... Petitioner.

Mr. Bikash Singh.

...for the Petitioner.

Mr. Aditi Shankar Chakraborty, ld. A.P.P., Mr. Sourav Ganguly.

.....for the State.

Petitioner is not a foreign national. Investigation is complete. Co-accused has been granted pre-arrest bail. Under such circumstances, we are inclined to extend the same privilege to the petitioner also.

Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, to the satisfaction of the arresting officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the

petitioner shall appear before the trial court and pray for regular bail within a period of four weeks from date. This application for anticipatory bail is, thus, disposed of.

(Subhendu Samanta, J.) (Joymalya Bagchi, J.)