Pradip Ghosh @ Biswas v. State Of West Bengal

29.07.2022 Serial no. 12 [Dd] (Anticipatory bail) Allowed) CRM (A) 3551 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Kotwali Police Station Case No. 609 of 2022 dated 15.06.2022 under Sections 341/325/326/379/34 of the Indian Penal Code and 25 & 27 Arms Act.

-AndIn the matter of : Pradip Ghosh Biswas ... ... Petitioner Mr. Sumanta Das, Advocate ... ... For the Petitioner Mr. Suman De, Advocate ... ...For the State Petitioner prays for anticipatory bail.

Learned advocate appearing for the petitioner submits that the petitioner is sought to be falsely implicated in view of the fact that the son of the de facto complainant is known peddler of narcotics in the locality.

Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary. In response to a query of the Court on the previous occasion, learned advocate for the State draws the attention of the Court to the report dated July 29, 2022. The report dated July 29, 2022 speaks of at least two criminal cases pending against the son of the de facto complainant.

The case diary suggests that the victim in the present case suffered simple injury. The possibility of the petitioner being falsely implicated cannot be ruled out.

In such circumstances, we are inclined to grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only), 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 further condition that the petitioner shall report before the Investigating Officer at such time and place as may be specified by the Investigating Officer till the conclusion of the investigation and on further condition that the petitioner 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 petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court. Prayer for anticipatory bail of the petitioner is allowed. CRM (A) 3551 of 2022 is disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)