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Calcutta High Court (Appellete Side)

An Application For Anticipatory Bail ... vs Manuwar Sk. @ Manuyar Sk on 13 April, 2017

Author: Dipankar Datta

Bench: Dipankar Datta

                                                              1

   Sl No. 62
   13.04.2017
    allowed
    pk
                           C.R.M. 2756 of 2017


In the matter of: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on
April 4,2017.

                                      And


In the matter of: Manuwar Sk. @ Manuyar Sk.

                                                ...     Petitioner



Ms. Minoti Gomes                       ... for the petitioner




Mr. N. P. Agarwala                       ...       for the State.




         Apprehending arrest in course of investigation of Murshidabad Police Station Case No. 372 of 2015 dated

14.07.2015

under Sections 447/326/307/34 of the Indian Penal Code, Sections 3/4 of Explosive Substance Act and Sections 25/27 of Arms Act, the petitioner has applied for anticipatory bail.

It is submitted by Ms. Gomes, learned advocate for the petitioner that upon completion of investigation, police report (charge sheet) under section 173(2) of the Code of Criminal Procedure has been submitted before the relevant magistrate. That apart, it is submitted that certain co-accused have been granted anticipatory bail and accordingly, she has claimed parity.

We have heard the learned advocates for the parties and perused the materials in the case diary. The petitioner stands on the same footing as the petitioner nos. 1, 2, 3 and 5, who have been granted anticipatory bail by a coordinate Bench in C. R. M. 845 of 2017, and accordingly, the petitioner is entitled to direction, as prayed for, in this application.

C.R.M. 2756 of 2017 stands allowed with the direction that in the event of arrest, the petitioner viz. Manuwar Sk. @ Manuyar Sk., shall be released on bail upon furnishing bond of Rs.5,000/- (Rupees five thousand) with two 2 sureties of like amount, one of whom must be local to the satisfaction of the court below.

Certified copy of this order, if applied for, be given to the parties on priority basis.

( Dipankar Datta, J.) ( Debi Prosad Dey, J. )