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Calcutta High CourtCRM (A)/599/2023allowed

Dibakar Ghosh@Bapan Ghosh And ORS v. State Of West Bengal

2023-02-15Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

15.02.2023 Serial no. 07 [Dd] (Anticipatory Bail) (Allowed) CRM (A) 599 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Murutia Police Station Case No. 11 of 2023 dated 11.01.2023 under Sections 341/325/326/34 of the Indian Penal Code. -AndIn the matter of : Dibakar Ghosh @ Bapan Ghosh & Ors. ... ... Petitioners Mr. Asraf Mondal, Advocate ... ... For the Petitioners Mr. Abhra Mukherjee, Mr. Dipankar Mahata, Advocates ... ...For the State Apparently, the injured suffered assault by a bamboo rod over head and left shoulder. The injury was not classified as grievous hurt. There is a counter police complaint also. 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 once in a month 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) 599 of 2023 is disposed of.

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