Calcutta High CourtCRM (A)/1462/2022partly allowed

Tanmoy Ghosh And ORS. v. State Of West Bengal

2022-03-30Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

30.03.2022 Serial no. 22 [Dd] (Anticipatory Bail Partly Allowed) CRM(A) 1462 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Palashipara Police Station Case No. 73 of 2022 dated 23.02.2022 under Sections 498A/307/34 of the Indian Penal Code.

-AndIn the matter of : Tanmoy Ghosh & Ors.

... ... Petitioners Mr. Amanul Islam, Mr. Sourav Mukherjee, Advocate ... ... For the Petitioners Mr. Debabrata Chatterjee, ld. APP Ms. Sonali Das, Advocates ... ...For the State Considering the fact that the allegations of the victim are directed against the petitioner nos. 2, 3 and 4 and considering the nature of injury and the injury suffered by the victim, the gravity of the offence and the involvement of the petitioners therein, We are not inclined to grant anticipatory bail to petitioner no. 2, Sanjoy Ghosh; 3, Gouranga Ghosh @ Gauranga Ghosh and 4, Mithu Rani Ghosh. However, we are inclined to grant anticipatory bail to the petitioner no. 1, Tanmoy Ghosh.

Accordingly, we direct that in the event of arrest the petitioner no. 1 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

no. 1 shall report before the Investigating Officer once in a week till the conclusion of the investigation and on further condition that the petitioner no. 1 shall appear every day 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 no. 1 in Court including cancelling the anticipatory bail granted without further reference to this Court.

Prayer for anticipatory bail of the petitioners is partly allowed.

CRM(A) 1462 of 2022 is disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)