Sudhanshu Biswas And ORS v. State Of West Bengal

C.R.M. (A) 814 of 2022 (AD) 18.02.2022 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Ranaghat Women P.S. Case No. 137 of 2021 dated 26/11/2021 under Sections 448/324/307/354/376/511/34 of the Indian Penal Code, 1860.

And Court No.29 (Partly Allowed) In the matter of: Sri Sudhanshu Biswas & Ors. ....petitioners.

Mr. Sananda Bhattacharyya ...for the petitioners.

Mr. Tanmay Kumar Ghosh, Ld. Sr. Government Advocate Ms. Sonali Bhar ...for the State.

Petitioners seek anticipatory bail.

Learned Advocate appearing for the petitioners submits that the first petitioner lodged a previous complaint over the selfsame incident. The petitioners were falsely implicated. Learned Advocate appearing for the State draws the attention of the Court to the statements of the victim recorded under Section 164 of the Code of Criminal Procedure and the injury reports.

Considering the gravity of the offence and the involvement of the petitioners as appearing from the materials in the case diary, we are unable to grant anticipatory bail to the petitioner no.4, namely, Sushanta Roy @ Chhutu.

Accordingly, the prayer for anticipatory bail of the petitioner no.4, namely, Sushanta Roy @ Chhutu is rejected. However, we grant anticipatory bail to the petitioner nos.1, 2 and 3, namely, Sudhanshu Biswas, Subhash Biswas and Shribas Biswas @ Bhusan Biswas.

Accordingly, we direct that in the event of arrest, the petitioner nos.1, 2 and 3 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 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 nos.1, 2 and 3 shall meet the Investigating Officer once a fortnight till the conclusion of the investigation and that the petitioner nos.1, 2 and 3 shall appear before the jurisdictional Court and pray for regular bail within four weeks from date.

The prayer for anticipatory bail of the petitioner nos.1, 2 and 3, namely, Sudhanshu Biswas, Subhash Biswas and Shribas Biswas @ Bhusan Biswas is allowed.

The application for anticipatory bail being C.R.M. (A) 814 of 2022 is, thus, disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)