The High Court · 2024
Case at a glance
- Decided
- 10 Jun 2024
- Bench
- ARIJIT BANERJEE, PRASENJIT BISWAS
Provisions considered
- Code of Criminal Procedure, 1973 ss. 317, 439
- Bharatiya Nagarik Suraksha Sanhita, 2023 ss. 355, 483
- Indian Penal Code, 1860 ss. 34, 120B, 302
- Arms Act, 1959 ss. 25, 27
Key paragraphs
- Para 55. Accordingly, we direct that the petitioner, namely, Farid Sk. 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 C.J.M, Berhampore, Murshidabad.…
Judgment
In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973 / Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, arising out of Hariharpara Police Station Case No.356/2024 dated 10.06.2024 under Sections 302/120B/34 of the IPC, 1860 & Sections 25/27 of the Arms Act, 1959. In the matter of: - Farid Sk. And Mr. Ali Ahsan Alamgir, Ms. Rabia Khatoon, Ms. Soma Mal, Ms. June Modak Mr. Bitasok Banerjee, Mr. Ronit Mukherjee …petitioner. …for the petitioner. …for the State. Dictated by Arijit Banerjee, J.
The petitioner claims parity citing orders dated February 19, 2025, February 20, 2025 and February 28, 2024, passed in CRM (DB) 4164 of 2024, CRM (DB) 4294 of 2024 and CRM (DB) 4442 of 2024 respectively, whereby a co-ordinate bench enlarged on bail four co-accused persons. The petitioner says that he stands on the same footing as those four persons.
Learned State advocate, while opposing the prayer for bail, in his usual fairness, does not dispute that this petitioner is 2 similarly circumstanced as the aforesaid four persons, who were granted bail.
Hence, on the ground of parity, we allow this application for bail.
Accordingly, we allow the petitioner’s prayer for bail.
Accordingly, we direct that the petitioner, namely, Farid Sk. 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 C.J.M, Berhampore, Murshidabad. The petitioner shall appear before the trial Court on each and every date of substantive hearing subject to the provisions of Section 317 of the Code of Criminal Procedure, 1973 / Section 355 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever.
In the event the petitioner fails to comply with any of the conditions stipulated above, the trial Court shall be at liberty to cancel the bail in accordance with law without further reference to this court.
The application for bail being CRM (DB) 115 of 2025 is, thus, disposed of.
All parties shall act on the server copies of this order duly downloaded from the official website of this Court. 3
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.) (Prasenjit Biswas, J.)
Questions this judgment answers
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — ss. 317, 439; Bharatiya Nagarik Suraksha Sanhita, 2023 — ss. 355, 483; Indian Penal Code, 1860 — ss. 34, 120B, 302; Arms Act, 1959 — ss. 25, 27.
Which court decided this case, and when?
Calcutta High Court, on 10 Jun 2024. The bench was ARIJIT BANERJEE, PRASENJIT BISWAS.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.