Calcutta High CourtCRM(A)/192/2025allowed

Shyamal Das And ORS v. The State Of West Bengal

2025-04-08Hon'Ble Justice Arijit Banerjee2 pages

08.04.2025 Court No.1 (Papiya) Allowed CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

APPELLATE SIDE CRM (A) 192 of 2025 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 / Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Samuktala Police Station Case No. 236 of 2011 dated 03/09/2011 under Sections 342/302/201/34 of the Indian Penal Code. And In the matter of: - Shyamal Das & Ors.

...petitioners.

Mr. Sudip Guha, Adv.

...for the petitioner.

Mr. Abhijit Sarkar, Adv.

Mr. Kallol Nag, Adv.

...for the State.

1. The petitioners say that they are 3 out of 14 accused persons. The charge is of murder. 11 accused persons are on bail/anticipatory bail. They say that they stand on the same footing as the other accused persons. They pray for anticipatory bail.

2. Learned State Advocate, while opposing the prayer, does not dispute that these petitioners are similarly circumstanced as the other accused persons who have been granted the privilege of bail/anticipatory bail.

3. Hence, on the ground of parity, I allow this application.

4. Accordingly, in the event of arrest, the petitioners, namely, Shyamal Das, Kalyan Das and Koushik Das, shall be released on bail upon furnishing bonds 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 abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, until further orders and on further condition that the petitioners shall meet the Officer-inCharge/Inspector-in-Charge of the concerned police station once in a fortnight and as and when call for, until further orders. The petitioners shall attend each and every hearing before the trial Court. Within seven days from date, the petitioners shall go and meet the Officer-in-Charge/Inspectorin-Charge of the concerned police station.

5. The application for anticipatory bail being CRM (A) 192 of 2025 is, thus, allowed and disposed of.

6. Criminal Section is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities.

(Arijit Banerjee, J.)