Pijush Ghosh And ORS v. State Of West Bengal

13.07.2023 (M/L 38) Ct. No.29 Allowed (SKB) CRM (A) 2431 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Chandrakona P.S. Case No.528 of 2022 dated 16.12.2022 under Sections 341/323/307/509/ 506/34 of the Indian Penal Code.

In the matter of : Pijush Ghosh and others ... Petitioners Mr. Kallol Mondal, Mr. Krishan Ray, Mr. Sounik Das, Mr. Anamitra Banerjee ... for the petitioners Ms. Zareen N. Khan, Mr. Asif Dewan ... for the State

1. Heard the learned Counsel for the parties and considered the materials placed by them including the statement of witnesses recorded during investigation.

2. The statements of witnesses shows that the informant was manhandled by the present petitioners in course of the transaction. Though more than six months have been passed, no step has yet been taken for medical examination of the injured, if any. Petitioner no.1 is stated to be in central government service and other petitioners are his family members.

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioners, their social

status, nature of allegation and substantial progress in the investigation, it is directed that each of the petitioners shall be released on bail in the event of their arrest by the Arresting Officer in the aforesaid police station case on such terms and conditions as deemed just and proper in the facts and circumstances of the case.

4. Accordingly, the prayer for the anticipatory bail is allowed.

5. The application being CRM(A) 2431 of 2023 is disposed of.

6. The concerned Arresting Officer is hereby directed to act upon the server copy of this order.

(Chitta Ranjan Dash, J.) (Apurba Sinha Ray, J.)