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Calcutta High CourtCRM(A)/1002/2024dismissed as not pressed

Mahabul Alam @ Bhando @ Md. Mahabul v. The State Of West Bengal

2024-12-24Hon'Ble Justice Madhuresh Prasad,Hon'Ble Justice Supratim Bhattacharya2 pages

24.12.2024 (D/L 13) Ct. No.1 (Naba) CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

CRM (A) 1002 of 2024 In Re:- An application for anticipatory bail under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023/corresponding to Section 438 of the Code of Criminal Procedure, 1973 in connection with G.R. Case No. 08 of 2024 arising out of Kuchlibari Police Station Case No. 02 of 2024 dated 04.01.2024 under Section 341/324/326/34 of IPC.

And In the matter of : Mahabul Alam @ Bhando @ Md. Mahabul ... Petitioner Mr. Sourav Kundu ... for the petitioner Mr. Tapan Bhattacharjee, Mr. Dhiman Sil ... for the State 1.

The learned Counsel for the petitioner submits that one co-accused (female) was allowed anticipatory bail. The other co-accused facing similar allegations was granted bail upon his surrender. Having argued the case at some length, he submits that he would be availing the benefit of surrender cum bail claiming parity with co-accused Saibul Md. @ Haque.

2.

In view of such submission, we reject the present application as not pressed allowing the petitioner liberty to avail the benefit of surrender cum bail as per submission recorded above.

3.

We make it clear that the present rejection is not a reflection of the merits of the matter.

4.

Let the case diary be returned immediately.

5.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Madhuresh Prasad, J.) (Supratim Bhattacharya, J.)