Mir Iqball Kabir And ANR v. The State Of West Bengal

01.02.2023 mb Calcutta High Court In the Circuit Bench at Jalpaiguri CRM (A) 732 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 02.12.2022 in connection with Sahebganj Police Station Case No. 515 of 2018 dated 23.11.2018 under Sections 143/146/326/307/ 506/34 of the Indian Penal Code.

In the matter of : Mir Iqball Kabir and another ... Petitioners Mr. Arjun Chowdhury, Mr. Sudip Guha, Ms. Pratusha Dutta Chowdhury ...for the Petitioners Mr. Aditi Shankar Chakraborty, Mr. Biswarup Roy .....for the State.

Heard learned counsel for the parties.

Learned counsel appearing for the petitioners submits that the rest of the co-accused persons are either on bail or have got anticipatory bail. It is further argued that the complaints were the result of a tussle between two factions of a political party. Keeping in view the fact that other coaccused persons have either been enlarged on bail or got anticipatory bail, we feel that the present petitioners are also entitled to anticipatory bail on the ground of parity. Accordingly, CRM (A) 732 of 2022 is allowed, thereby granting anticipatory bail to the petitioner on condition that

the petitioners shall comply with the conditions as stipulated in Section 438(2) of the Code of Criminal Procedure. In the event of arrest, the petitioners shall be released on bail upon furnishing individual bonds of Rs.5,000/- (Rupees five Thousand) each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Cooch Behar and on further condition that the petitioners shall cooperate with the investigation and make themselves available in the event so required to be present by the Investigating Officer during the entire period of investigation. (Sabyasachi Bhattacharyya, J.) (Rai Chattopadhyay, J.)