Gour Jana v. State Of West Bengal

09.01.2024 Item No.228(D.L.) Ct.No.29 dc.

Allowed C.R.M. (A) 39 of 2024 In Re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Amherst Street Police Station Case No. 215 of 2023 dated 01.10.2023 under Sections 419/420/468/471/120B of the Indian Penal Code.

And In Re :

Gour Jana ... Petitioner.

Mr. Sougata Mitra, Mr. Pawan Kumar Gupta, Mr. Rameshwar Sinha, Mr. Subhadeep Maitra, Ms. Sofia Nesar ... For the Petitioner.

Mr. Debabrata Chatterjee, Mr. Arabinda Manna ... For the State.

Petitioner prays for anticipatory bail.

It is alleged as against the petitioner is that he engaged in photocopying published books and selling photo copies thereof in the market.

Allegation is apparently in violation of the Copyright. There is an element of civil dispute involved. In such circumstances, we grant anticipatory bail to the petitioner.

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 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 will report before the Investigating Officer once a week till the conclusion of the investigation and on condition that the petitioner shall appear on every date before the jurisdictional court on and from the date fixed for appearance of the accused and in default, the jurisdictional court will pass appropriate order to secure the presence of the petitioner in court including cancelling the anticipatory bail granted without further reference to this Court.

The application for anticipatory bail is, thus, allowed. CRM(A) 39 of 2024 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)