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Calcutta High CourtCRM (A)/2152/2024allowed

Niren Ghosh v. The State Of West Bengal

2024-07-05Hon'Ble Justice Soumen Sen,Hon'Ble Justice Uday Kumar2 pages

05.07.2024 SL No.30 Court No.29 (gc) (Allowed) CRM (A) 2152 of 2024 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed in connection with Manikchak Police Station Case No.283 of 2024 dated 16.04.2024 under Sections 447/323/325/326/354/34 of the Indian Penal Code.

And In the matter of : Niren Ghosh - Petitioner.

Mr. Kalidas Saha, Ms. Khushi Mollick, Ms. Mandira Mandal ....For the Petitioner.

Mr. Sujan Chatterjee ... For the State.

1. The learned Counsel for the petitioner submits that a false complaint has been lodged against the petitioner out of vengeance and family dispute concerning the land.

2. The learned Counsel for the State opposes the prayer for anticipatory bail.

3. Considering the materials available in the case diary, the nature and extent of complicity of the petitioner in the commission of the alleged offence and the nature of injury which appears to be simple, we are of the view that the custodial interrogation of the petitioner is not necessary.

4. Accordingly, we direct that in the event of arrest, the petitioner, namely, Niren Ghosh, shall be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like amount each, Signed By :

GURUPADA CHAKRABARTY High Court of Calcutta 5 th of July 2024 05:54:51 PM

one of whom must be local, to the satisfaction of the arresting officer and also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973. It is further directed that the petitioner shall meet the Investigating Officer once in a week till the submission of the final report. It is also directed that the petitioner shall appear before the learned Chief Judicial Magistrate, Malda in connection with G.R. Case No.2457 of 2024 and pray for regular bail within two weeks from date.

5. Accordingly, the application for anticipatory bail is disposed of.

6. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Soumen Sen, J.) (Uday Kumar, J.) Signed By :

GURUPADA CHAKRABARTY High Court of Calcutta 5 th of July 2024 05:54:51 PM