Gopal Barman v. State Of West Bengal

18.07.2023 (M/L 130) Ct. No.29 Allowed (SKB) CRM (A) 2528 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Moyna P.S. Case No.0238 dated 11.09.2022 under Sections 379/411/413 of the Indian Penal Code (corresponding to G.R. Case No.2677 of 2022). In the matter of : Gopal Barman ... Petitioner Mr. Ayan Basu, Mr. Sourav Bera, Mr. Sumit Routh ... for the petitioner Mr. Avishek Sinha ... for the State

1. Heard the learned Counsel for the parties.

2. Charge-sheet is stated to be filed. The matter is related to theft of sand. The basis of implication of the present petitioner is the statement of the co-accused.

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioner, nature of offence and completion of investigation, it is directed that the petitioner shall surrender before the learned CJM, Purba Medinipur, in G.R. Case No.2677 of 2022 arising out of the aforesaid P.S. case within 15 days from today. On his appearance and application for bail, he shall be released on bail 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) 2528 of 2023 is disposed of.

6. The learned court below is hereby directed to act upon the server copy of this order.

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)