Goutam Ghosh And ORS. v. State Of West Bengal

15.07.2025 Court No.28 Item No.37 ssi CRM (A) 2215 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Suraksha Nagarik Sanhita in connection with Hogolberia PS Case No.172 of 2025 dated 03.06.2025 under Sections 126(2)/115(2)/117(2)/109/76/3(5) of the BNS, 2023. And In the matter of: Goutam Ghosh & others.

....Applicants/Petitioners.

Mr. Snehansu Majumder ...for the petitioners Ms. Papiya Chattopadhyay ...for the de facto Mr. Madhusudan Sur Mr. Subhasish Datta ..for the State Learned counsel appearing on behalf of the petitioners submits as follows. There is a dispute between two groups over control of local panchayat. This led to a scuffle. Both sides received injuries. The petitioners have been falsely implicated in this case. Learned counsel appearing on behalf of the State strongly opposes the prayer for anticipatory bail. He referred to the statements of the witnesses including that of the victim as also injury reports. It appears that injuries were received by a victim on the forehead, which also affected the eyes. From a CT scan report, it appears that there was left periorbital soft tissue hematoma found. Considering the serious nature of allegations and the incriminating materials available in the case diary including the injury report and the statement of the victim, while I am inclined to reject the application for anticipatory bail of the petitioner nos. 1, 2

and 3, I am inclined to grant anticipatory bail to the petitioner no.4 as she is a female member of their family.

Accordingly, the application for anticipatory bail of the petitioner nos. 1, 2 and 3 is rejected.

In the event of arrest, the petitioner no.4 shall be released on bail upon furnishing a bond of Rs.10,000/- 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 the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the BNSS, 2023 and on further conditions that the petitioner shall not threaten or intimidate witnesses and shall co-operate with investigation. The application for anticipatory bail is, thus, disposed of. (Jay Sengupta, J.)