Ashok Kumar Ghosh @ Ashoke Kumar Ghosh v. State Of West Bengal
02.09.2025 Sl. No.14 Ct. 28 NB C.R.M. (A) 2371 of 2025 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Burwan PS Case No.127/2025 dated 28.03.2025 under Sections 420/406/34 of the Indian Penal Code.
And In the matter of: Ashok Kumar Ghosh @ Ashoke Kumar Ghosh ... petitioner Mr. Kallol Kumar Basu, Mr. Jannat ul Firdous, Mr. Rajsekhar Hota.
...for the petitioner.
Mr. Bibaswan Bhattacharya, Ms. Kanchan Roy.
...for the State.
Report filed on behalf of the State is taken on record. Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner was a manager of a cooperative society from where the ultimate beneficiary was allowed a subsidy. Although the same was to be granted after four years of running the unit, he was allowed to enjoy the benefit before the lock in period. The period of four years have nearly passed. The present petitioner has cooperated with the investigation by responding to the notice given by the Investigating Officer as per the direction of this Court. The ultimate beneficiary was granted anticipatory bail by this Court on 22.07.2025 in CRM (A) 1881 of 2025.
Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. However, he submits that
the petitioner has cooperated with the investigation and responded to the notice issued by the Investigating Officer. Considering the materials available in the case dairy, the fact that the petitioner has cooperated with the investigation by responding to a notice issued and that a co-accused was granted anticipatory bail, I am inclined to grant anticipatory bail to the present petitioner.
Accordingly, 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, one of whom must be local, to the satisfaction of Arresting Officer and subject to the conditions as laid down under Section 438 of the Code of Criminal Procedure, corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita and on further condition that the petitioner shall cooperate with the investigation and shall meet the Investigating Officer once a fortnight till submission of report in final form and shall not threaten or intimidate witnesses or tamper with evidence in any manner whatsoever.
The application for anticipatory bail being C.R.M. (A) 2371 of 2025 is, thus, allowed.
Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities.
(Jay Sengupta, J.)