Gurupada Debsharma v. The State Of West Bengal

C.R.M. (A) 735 of 2024 01.03.2024 DL-14 Court No.29 (AD) (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Balurghat Police Station Case No.698 of 2022 dated 28.09.2022 under Sections 406/467/468/471 of the Indian Penal Code, 1860 (G.R. Case No.1930 of 2022).

And In the matter of: Gurupada Debsharma ....petitioner Mr. Kaushik Choudhury Mr. Sabyasachi Hazra Ms. Busra Khatun ...for the petitioner.

Mr. Debasish Roy, Ld. PP Mr. Rudradipta Nandy, Ld. APP Mrs. Manasi Roy ... for the State.

The person claimed to be the principal accused was granted bail by the Coordinate Bench on December 20, 2023 passed in CRM (DB) 4670 of 2023, inter alia, on the ground that the incident was of 2012 and the police case came to be registered in 2022. The Coordinate Bench took into consideration the possibility of false implication.

Police filed charge sheet.

On the parity of the same reasoning, we deem it appropriate to grant anticipatory bail to the petitioner. Accordingly, we direct that in the event of arrest, the petitioner shall be released on bail upon furnishing a Bond of Rs.10,000/- (Rupees Ten Thousand Only), 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 condition that the petitioner 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 petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court. The prayer for anticipatory bail of the petitioner is allowed. C.R.M. (A) 735 of 2024 is disposed of.

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