Khoka Roy v. The State Of West Bengal

30.01.2023 mb Calcutta High Court In the Circuit Bench at Jalpaiguri CRM (A) 721 of 2022 In Re:- An application for bail under Section 438 of the Code of Criminal Procedure filed on 30.11.2022 in connection with Rajganj Police Station Case No. 432 of 2022 dated 01.08.2022 under Sections 447/341/324/326/307 of the Indian Penal Code.

In the matter of : Khoka Roy ... Petitioner Mr. Sudip guha ...for the Petitioner Mr. Abhijit Sarkar, Ms. Namrata Das .....for the State.

Learned counsel for the petitioner submits that the other co-accused persons standing on similar footing as the petitioner, being three in number, have been granted anticipatory bail by the learned Sessions Judge, Jalpaiguri and hands over a copy of the said order.

It is further submitted that out of total six co-accused, two persons were released on bail subsequently. The petitioner, as such, is the only remaining accused. Learned counsel appearing for the State opposes the prayer for bail.

However, since the petitioner is standing on similar footing as the other five co-accused persons, who either obtained anticipatory bail or have been enlarged on bail, we

do not find any reason not to grant anticipatory bail to the petitioner.

Accordingly, CRM (A) 721 of 2022 is allowed, thereby granting anticipatory bail to the petitioner on condition that the petitioner shall comply with the conditions as stipulated in Section 438(2) of the Code of Criminal Procedure. In the event of arrest, the petitioner, namely, Khoka Roy, 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 learned Sessions Judge, Jalpaiguri and on further condition that the petitioner shall, in such event, meet the Investigating Officer once in a fortnight.

CRM (A) 721 of 2022 is, accordingly, disposed of. (Sabyasachi Bhattacharyya, J.) (Rai Chattopadhyay, J.)