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Calcutta High CourtCRM/6377/2020allowed

Biswanath Ghosh v. State Of West Bengal

2020-09-10Hon'Ble Justice Joymalya Bagchi (27.06.2011 - 29.08.2020),Hon'Ble Justice Suvra Ghosh1 pages

10.09.2020 CRM 6377 of 2020 IA No. CRAN 1 of 2020 Court No.8 (Via Video Conference) Item 27 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Gaighata Police Station Case No. 352 of 2020 dated 24.06.2020 under Sections 447/323/325/354B/427/379/506/34 of the Indian Penal Code.

sg Allowed Biswanath Ghosh

Versus

The State of West Bengal Mr. Subrata Santra, Adv.

...for the Petitioner.

Mr. Binay Panda, Adv.

Ms. Puspit Saha, Adv.

...for the State.

The petitioner undertakes to affirm and stamp the petition/application as per the Rules within a month of resumption of normal functioning of the court. Subject to such undertaking, the application is taken up through video conference. CRAN 1 of 2020 is accordingly disposed of.

Having considered the materials on record and bearing in mind the nature of allegation, we are of the opinion that custodial interrogation of the petitioner for progress of investigation is not necessary and the petitioner may be granted prearrest bail. Accordingly, we direct that in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs. 10,000/- with two sureties of like amount, to the satisfaction of the arresting officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973. The application for anticipatory bail is, accordingly, allowed. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)