Paresh Ghosh v. State Of West Bengal

10.06.2022 tkm/ct 28 C.R.M. (A) 2598 of 2022 sl no. 176 In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Chakda P.S case no. 668 of 2021 dated 20.11.2021 under sections 306/34 of the IPC And Allowed In Re : Paresh Ghosh ...... petitioner Ms. R Sreemani ...... for the petitioner Ms. Sreyashee Biswas ...... for the State It is submitted on behalf of the petitioner that the victim had submitted fake and forged bill and made fraudulent claims on the panchayat. Petitioner as the Upa-pradhan of the said panchayat took a resolution to take steps against him. Subsequently, the victim committed suicide. Petitioner has been falsely implicated in the instant case.

Learned lawyer for the State opposes the prayer for anticipatory bail.

We have considered materials on record including the suicide note. Though the petitioner is named in the suicide note whether his conduct would constitute abetment to suicide requires to be considered in the light of the attending facts particularly the fact that he had taken steps against the alleged illegal activities of the petitioner.

In view of the aforesaid facts, we are inclined to grant anticipatory bail to the petitioner.

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 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.

Petitioner shall appear before the court below and prays for regular bail within four weeks from date.

The application being CRM (A) 2598 of 2022 is disposed of. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)