Allowed

Jiyaul Hoque @ Ziyaul Hoque v. the State of West Bengal

Calcutta HC2 Feb 2022CRM(A)/77/2022

Case brief

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What is this about?

The Calcutta High Court Circuit Bench at Jalpaiguri allowed an application for anticipatory bail under Section 438 CrPC. Granting relief on the basis of parity with a co-accused, the court imposed standard conditions including a bond, sureties, appearance before the erring court, and regular bail filing.

What did the court decide?

Prayer for anticipatory bail allowed; petitioner to be released on bond of Rs. 10,000 with two sureties upon arrest, subject to conditions in Section 438(2) CrPC.

Jiyaul Hoque @ Ziyaul Hoque Vs the State of West Bengal — Cheating and Forgery | Calcutta HC (2022)

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02.02.2022 Serial no. 2 Dd

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IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI

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(Through Video Conference)

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CRM (A) 77 of 2022

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In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Mekhliganj Police Station Case No. 82 of 2018 dated 20.03.2018 under Sections 420/406/409/468 IPC corresponding to G.R. Case No. 146 of 2018 .

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-And-

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In the matter of : Jiyaul Hoque @ Ziyaul Hoque

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… Petitioner

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Mr. Joydeep Bhowmik, Advocate … … For the Petitioner

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Mr. Abhijit Sarkar, Mr. Diswarup Roy, Ms. Namrata Das, Advocates … …For the State

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Petitioner seeks anticipatory bail.

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Learned advocate appearing for the petitioner submits that the petitioner stands on the same footing as that of the other co-accused who was granted anticipatory bail on January 31, 2022 in CRM (A) 68 of 2022. The petitioner claims parity.

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Learned advocate appearing for the State opposes the prayer for anticipatory bail.

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Considering the fact that the petitioner can justifiably claim parity with that of the other co-accused who was granted anticipatory bail in CRM (A) 68 of 2022 on January 31, 2022, we are inclined to grant anticipatory bail to the petitioner.

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Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only), with two sureties of like amount each, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner shall appear before the Court below and pray for regular bail within a period of four weeks from date and on further condition that the petitioner shall appear before the jurisdictional Court on every date fixed for hearing.

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Prayer for anticipatory bail is allowed .

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CRM (A) 77 of 2022 is disposed of .

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(Debangsu Basak, J.)

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(Bibhas Ranjan De, J.)

Jiyaul Hoque @ Ziyaul Hoque v. the State of West Bengal

Case brief

What is this about?

What did the court decide?

Jiyaul Hoque @ Ziyaul Hoque v. the State of West Bengal

Case brief

What is this about?

What did the court decide?

What the court decided

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