Goutam Das And ORS v. State Of West Bengal

02.02.2023 Serial no. 13 [Dd] (Anticipatory Bail) (Allowed) CRM (A) 433 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Marishda Police Station Case No. 13 of 2023 dated 6th January, 2023 under Sections 341/323/325/379/506/34 of the Indian Penal Code.

-AndIn the matter of : Goutam Das & Ors.

... ... Petitioners Ms. Rupsa Sreemani, Advocate ... ... For the Petitioners Mr. Binay Panda, Mr. Subham Bhakat, Advocates ... ...For the State A mass petition was submitted as against the de facto complainant relating to his activity of teasing ladies in the locality. Thereafter, the present police compliant was lodged. There is an allegation of stealing of money from the de facto complainant. The injury report of the de facto complainant does not suggest that he received grievous hurt.

Previous police compliant is there to contend with. Issue of false implication is writ large.

In such circumstances, we are inclined to grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only) each, 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 petitioners shall report before the Investigating Officer as and when called for till the conclusion of the investigation and on further condition that the petitioners 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 petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court.

Prayer for anticipatory bail of the petitioners is allowed. CRM (A) 433 of 2023 is disposed of.

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