Golok Biswas v. State Of West Bengal

13.03.2023 Serial no. 86 [Dd] (Anticipatory bail) Allowed) CRM (A) 1018 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Kotwali Police Station Case No. 25 of 2023 dated 07.01.2023 under Sections 447/376 of the IPC.

-AndIn the matter of : Golok Biswas ... ... Petitioner Mr. Sumanta Das, Ms. Mallika Manna, Advocates ... ... For the Petitioner Mr. Joydeep Roy, Mr. Amanul Islam, Advocates ... ...For the State There is a previous police complaint lodged at the behest of the family members of the petitioner.

There is an issue of false implication involved. De facto complainant refused to undergo any medical examination.

In such circumstances, we are inclined 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 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 petitioner shall report before the Investigating Officer once in a month till the conclusion of the investigation and on further 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. Prayer for anticipatory bail of the petitioner is allowed. CRM (A) 1018 of 2023 is disposed of.

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