Dasharathi Ghosh And ORS v. State Of West Bengal

22.02.2023 Serial no. 20 [Dd] (Anticipatory Bail) (Allowed) CRM (A) 767 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Tehatta Police Station Case No. 95 of 2023 dated 04.02.2023 under Sections 420/467/468/471/472/323/307/34 of the Indian Penal Code.

-AndIn the matter of : Dasharathi Ghosh & Ors. ... ... Petitioners Mr. Sourav Mukherjee, Advocate ... ... For the Petitioners Mr. Joydeep Roy, jr. Govt. Adv.

Mr. Amanul Islam, Advocate ... ...For the State Apparently, the police complaint arises out of a civil disputes. There is a civil suit pending between the private parties being Title Suit no. 152 of 2022.

In such circumstances, considering the gravity of the offence and the involvement of the petitioners therein in the incident, 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 fortnight 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) 767 of 2023 is disposed of.

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