Calcutta High CourtCRM (A)/1646/2022dismissed

Suman Ghosh And ORS v. State Of West Bengal

2022-04-11Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De3 pages

11.04.2022 Ct. No. 29 KAUSHIK Partly Allowed C.R.M.(A) 1646 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Gopalnagar Police Station Case No. 538 of 2021 dated 15.09.2021 under Sections 498A/306/34 of the Indian Penal Code, 1860.

And In Re : Suman Ghosh & Ors.

...... petitioners Mr. Arnab Chatterjee ....for the petitioners Mr. S. G.Mukherjee, learned Public Prosecutor Mr. Aniket Mitra ....for the State Petitioners seek anticipatory bail.

Learned advocate appearing for the petitioners submits that, the petitioners were falsely implicated. Learned advocate appearing for the State refers to the materials in the case diary. He submits that, all the petitioners are named in the statement of the neighbours. The petitioner no. 1 is the husband of the victim. Considering his involvement and considering the gravity of the offence, we are unable to grant him anticipatory bail. Prayer for anticipatory bail in respect of petitioner no. 1 (Suman Ghosh) is rejected.

However, so far as the petitioner nos. 2 (Sudeb Kumar Ghosh) and 3 (Baisakhi Ghosh) are concerned and considering the fact that the police filed charge-sheet, we 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/- 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 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.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)