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Calcutta High CourtCRM/6254/2021allowed

Kousik Ghosh v. State Of West Bengal

2021-09-22Hon'Ble Justice Debangsu Basak,Honble Justice Ananda Kumar Mukherjee3 pages

22.09.2021 Ct. No. 29 KAUSHIK Allowed C.R.M. 6254 of 2021 (via video conference) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Murshidabad Police Station Case No. 251 of 2021 dated 24.06.2021 under Sections 417/376/313 of the Indian Penal Code, 1860.

And In Re : Kousik Ghosh ...... petitioner Mr. Kallol Mondal Mr. Krishan Ray Ms. Amrita Chel Mr. Souvik Das Ms. Anamitra Banerjee Mr. Subhendu Banerjee .....for the petitioner Mr. Saswata Gopal Mukherjee, learned Public Prosecutor Ms. Faria Hossain Mr. Aniket Mitra ....for the State Petitioner seeks anticipatory bail.

Learned advocate appearing for the petitioner submits that, the petitioner was falsely implicated.

Learned advocate appearing for the State draws the attention of the Court to the Statement recorded under Section 164 of the Code of Criminal Procedure. In answer to a query of the Court as to whether there is any medical evidence with

regard to the charge under Section 313 of the Code of Criminal Procedure, the answer is in the negative.

Considering the contents of the case diary and the statement recorded under Section 164 of the Code of Criminal Procedure as also the medical report, we 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 and on further conditions that the petitioner shall meet the investigating officer once in a fortnight till the conclusion of the investigation and shall appear before the jurisdictional court and pray for regular bail within a period of four weeks from date.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Ananda Kumar Mukherjee, J.)