Hasanur Zaman@Hablu v. The State Of West Bengal
15.
08.04.2025 Court No.1 (Papiya) Allowed CALCUTTA HIGH COURT
IN THE CIRCUIT BENCH AT JALPAIGURI
APPELLATE SIDE CRM (A) 241 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 Dinhata Police Station Case No. 430 of 2021 dated 20/08/2021 under Sections 341/323/326/307/120B/34 of the Indian Penal Code and read with Section 25(1-A)/ 27 of the Arms Act and read with Section 3/4 of the Explosive Substances Act.
And In the matter of: - Hasanur Zaman @ Hablu.
...petitioner.
Mr. Ananda Paul, Adv.
...for the petitioner.
Mr. Nilay Chakraborty, Ld. APP.
Mr. Sagnik Sarkar Sikdar, Adv.
...for the State.
1. The petitioner renews his prayer for anticipatory bail which was rejected earlier on January 7, 2022 in CRM (A) 14 of 2022. He says that after that, several co-accused persons have been granted anticipatory bail by this Court. He stands on the same footing as those persons. The incident was an outcome of political rivalry.
2. Learned State Counsel draws my attention to the material in the case diary. He opposes the prayer for anticipatory bail, but, in his usual fairness, admits that this petitioner is similarly circumstanced as the other accused persons, who have been granted anticipatory bail by this Court.
3. I, therefore, see that there have been change of circumstances after the prayer of this petitioner for anticipatory bail was rejected earlier.
4. Hence, on the ground of parity, I allow this application for anticipatory bail.
5. Accordingly, in the event of arrest, the petitioner, namely, Hasanur Zaman @ Hablu, shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand), 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 petitioner shall meet the Investigating Officer of the concerned police station once in a fortnight and as and when call for, until further orders. Within seven days from date, the petitioner shall go and meet the Investigating Officer of the concerned police station.
6. The application for anticipatory bail being CRM (A) 241 of 2025 is, thus, allowed and disposed of.
7. 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.)