Calcutta High CourtCRM (A)/1231/2024allowed

Pijush Ghosh And ANR. v. State Of West Bengal And ANR

2024-04-15Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

15.04.2024 S.D./A.D.

Allowed C.R.M. (A) No. 1231 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Hariharpara Police Station Case No. 136 of 2024 dated 08.03.2024 under Sections 448/376/511/34 of the Indian Penal Code pending before the learned Chief Judicial Magistrate, Murshidabad at Berhampore.

And In Re : Pijush Ghosh & Anr. ..... petitioners Mr. Robiul Islam Mr. Raju Mondal Mr. Masooq Rahaman ....for the petitioners Ms. Minoti Gomes Mr. Soham De Dhara ....for the State

1. Petitioners submit there was a free fight between the parties. Petitioner no. 1 was injured and a criminal case had been registered. They pray for anticipatory bail.

2. Learned Lawyer for the de facto complainant submits criminal case lodged by the petitioners is a concocted one.

3. Learned Lawyer for the State opposes the prayer for anticipatory bail.

4. We have considered the materials on record. We have also examined the allegations in both the criminal cases. From the tenor of the allegation in this case, it appears Signed By :

Surojit Das High Court of Calcutta 18 th of April 2024 11:43:31 PM

there was a free fight and allegation of attempt to rape may be an embellishment.

5. In view of the aforesaid circumstances, we are inclined to grant anticipatory bail to the petitioners.

6. 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 they shall appear before the jurisdictional Court and pray for regular bail within a period of four weeks from date.

7. The application for anticipatory bail is, thus, allowed. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By :

Surojit Das High Court of Calcutta 18 th of April 2024 11:43:31 PM