Sudip Ghosh And ANR v. State Of West Bengal

05.04.2022 Serial no. 17 [Dd] (Anticipatory Bail Allowed) CRM(A) 1554 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Jangipara Police Station Case No. 180 of 2020 dated 25.08.2020 under Sections 147/148/149/323/325/307/427/379/506/34 of the Indian Penal Code corresponding to G.R. No. 1107/20 and Jangipara Police Station Charge Sheet Number 05/2022 dated 27.01.2022 U/S. 147/148/149/323/325/307/427/506/34 Indian Penal Code.

AndIn the matter of : Sudip Ghosh & Anr.

... ... Petitioners Mr. Tanmay Basu, Mr. Ranojoy Chatterjee, Mr. Debdip Mandal, Mr. Monoj Adak, Ms. Sneha Bakshi, Advocates ... ... For the Petitioners Mr. Prasun Kumar Dutta, ld. APP Mr. Subrato Roy, Advocates ... ...For the State Petitioners renew the prayer for anticipatory bail. Learned advocate appearing for the petitioners submits that the other co-accused standing in the same footing were granted anticipatory bail on March 23, 2022 in CRM (A) 880 of 2022.

Learned advocate appearing for the State submits that the prayer for anticipatory bail of the petitioners were initially rejected.

In response to a query of the Court he submits that the police filed charge sheet.

It appears that the police filed charge sheet subsequent to the earlier order of rejection of the prayer for

anticipatory bail of the petitioners. Moreover, one co-accused standing in the same footing was granted anticipatory bail subsequent to the earlier order of rejection. Considering the fact that police filed charge sheet and considering the fact that another co-accused was granted anticipatory bail on March 23, 2022 in CRM(A) 880 of 2022, 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 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 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) 1554 of 2022 is disposed of.

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