Gobinda Karan And ANR. v. State Of West Bengal
15/06/2026 D/L - 60 Court No.28 S. Kundu Allowed C.R.M.(A) 1546 of 2026 In Re: An application for anticipatory bail under Section 482 of the BNSS, 2023. In connection with Tamluk P.S case no. 315 of 2026 dated 16/05/2026 under Sections 457/380/34 of the IPC/331(4)/305/3(5) of the BNS. In the matter of: Gobinda Karan & Anr.
...Petitioners.
Mr. Lakshminath Bhattacharyya ...for the petitioners.
Name not supplied.
...for the State.
1. Learned counsel appearing on behalf of the petitioners submits as follows. Over the same allegations as contained in the present FIR, that was registered on 16/05/2026, an earlier FIR had been registered being Tamluk P.S Case No. 831 dated 14/09/2022 under Sections 448/427/380/506/34 of the IPC. There also the same date of occurrence was shown i.e., 28/08/2022. In respect of the said case, this Court was pleased to grant anticipatory bail to the petitioners on 01/05/2025 in CRM (A) 1389 of 2025. Suppressing the fact of registration of such earlier FIR on the self-same cause of action, the same de-facto complainant filed the present FIR with similar allegations. This is a gross abuse of the process of Court.
2. Learned counsel appearing on behalf of the State relies on the case diary and opposes the prayer for anticipatory bail.
3. It is indeed very surprising that a second FIR could be registered over substantially similar allegations made by the same de-facto complainant, but four years later.
4. Considering the above and the other materials available in the case diary, I am inclined to grant anticipatory bail to the petitioners.
5. 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, one of whom must be local, to the satisfaction of the Arresting Officer and also be subject to further conditions that the petitioners shall cooperate with the investigation and shall not threaten or intimidate the witnesses. The petitioner no. 1 shall meet the I.O as and when required.
6. Accordingly, the application for anticipatory bail is allowed.
7. Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance with requisite formalities.
(Jay Sengupta, J.)