Sumit Goel And ANR v. State Of West Bengal
08.07.2022 Serial no.46 & 47 Aloke CRM (A) 3262 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Bidhannagar Women Police Station Case No. 08 of 2021 dated 13.03.2021 under Sections 354/354B/509/307/323/325/506/34 of the Indian Penal Code.
-AndIn the matter of : Sumit Goel & Anr.
... ... Petitioners WITH CRM (A) 3264 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Bidhannagar Women Police Station Case No. 08 of 2021 dated 13.03.2021 under Sections 354/354B/509/307/323/325/506/34 of the Indian Penal Code.
-AndIn the matter of : Madan Gopal Goel & Anr. ... ... Petitioners Mr. Sandipan Ganguly, Sr. Advocate Mr. Ayan Bhattacahrjee, Advocate Mr. Siddhartha Sharma, Advocate Mr. Md. Danish Taslim, Advocate Mr. Aman Kataruka, Advocate ... ... For the Petitioners in CRM (A) 3262 of 2022 Mr. Abhra Mukherjee, Advocate Ms. Manisha Sharma, Advocate Mr. Dipankar Mahato, Advocate ... ...For the State in CRM (A) 3262 of 2022 Mr. Naresh Balodia, Advocate Mr. Md. Zohaib Rauf, Advocate ... ... For the de facto complainant
Mr. Sabyasachi Banerjee, Advocate Mr. Moyukh Mukherjee, Advocate Mr. Sidhartha Sharma, Advocate Mr. Md. Danish Taslim, Advocate Mr. Aman Kataruka, Advocate ... ... For the Petitioners in CRM (A) 3264 of 2022 Mr. Shiladitya Banerjee, Advocate Mr. Mazhar Hossain Choawdhury, Advocate ... ...For the State in CRM (A) 3264 of 2022 Two applications for anticipatory bail are taken up analogously as they emanate out of the same police case. Learned Senior Advocate appearing for the petitioners in CRM (A) 3262 of 2022 submits that a criminal complaint was lodged by the de facto complainant where both the accused were enlarged on anticipatory bail. As against one of the accused the complaint was quashed. He refers to the two complaints. He submits that all the petitioners in both the applications for anticipatory bail were falsely implicated. Learned Advocates appearing for the State in both the applications draws the attention to the materials in the case diary and the injury report.
The de facto complainant is represented.
The contention of the petitioners that the present police complaint and the previous complaint are similar in nature cannot be overlooked at this stage. Moreover, the petitioners were enlarged on anticipatory bail in the earlier police complaint.
In such circumstancaes, we are inclined to grant anticipatory bail to the petitioners.
Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only) each, 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 condition that the petitioner No. 1 of CRM (A) 3264 of 2022 and the petitioners of CRM (A) 3262 of 2022 shall meet the Investigating Officer as when called for till the conclusion of the investigation and the petitioner No. 2 in CRM (A) 3264 of 2022 shall cooperate with the investigation and on condition that the petitioners shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court.
Prayer for anticipatory bail of the petitioners is allowed. CRM (A) 3262 of 2022 and CRM (A) 3264 of 2022 are disposed of.
(Debangsu Basak, J.) (Bibhas Ranjan De, J.)