Pradyut Ghosh @ Pradyat Ghosh And ANR v. State Of West Bengal
CRM 1968 of 2021 12.08.2021 Court No.28 Item No.296 (Allowed) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Chandrakona Police Station Case No. 394 of 2020 dated 07.12.2020 under Sections 341/324/325/307/506/34 of the Indian Penal Code; Akd & As And In the matter of : Pradyut Ghosh @ Pradyat Ghosh & Anr.
...Petitioners
Mr. Niladri Sekhar Ghosh, Ms. Srimoyee Mukherjee.
...For the Petitioners Mr. S. S. Imam, Mr. Arabinda Manna.
...For the State.
Apprehending arrest in connection with Chandrakona Police Station Case No.
of under Sections 341/324/325/307/506/34 of the Indian Penal Code, the petitioners have filed the instant application for anticipatory bail. The petitioners have been implicated in connection with the instant case along with other co-accused, namely Prabir Ghosh. It appears from the record that the principal accused, Prabir Ghosh, has been extended the benefit of Sectioin 438 of the Code of Criminal Procedure by this Court in CRM 2012 of 2021 on 4th August, 2021. Since the principal accused has been extended the benefit of pre-arrest bail, we do not find any justification in not extending the same benefit to the petitioners.
Accordingly the prayer for anticipatory bail is allowed. In the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer of the concerned police station subject to the condition that they will appear before the Trial Court on every date of hearing and on further conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
In the event, the petitioners fail to do so without any justifiable cause, the Trial Court shall be at liberty to pass an appropriate order
in accordance with law without further reference to this Court. The application for anticipatory bail, being CRM 1968 of 2021 is thus disposed of.
(Harish Tandon, J) (Bibek Chaudhuri, J.)