← Library
Calcutta High CourtCRM/7064/2021allowed

Souvik Ghosh @ Bapi Ghosh v. State Of West Bengal

2022-02-28Hon'Ble Justice Tapabrata Chakraborty,Hon'Ble Justice Sugato Majumdar2 pages

28.02.2022 rrc CRM 7064 of 2021 (via video conference) Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure.

In the matter of : Souvik Ghosh @ Bapi Ghosh ..... petitioner Mr. Kusal Kumar Mukherjee Mr. Surajit Basu .....For the petitioner Mr. P. K. Datta, Ld. APP Mr. Santanu Deb Roy .....For the State Apprehending arrest in connection with Tamluk Police Station Case No. 694 of 2020 dated 03.12.2020 under Sections 420/406/506 of the Indian Penal Code, the present application has been preferred.

Mr. Basu, learned advocate appearing for the petitioner submits that the earlier directions of this Court have been complied with by the petitioner and upon completion of investigation, charge sheet has also been submitted. Let the document, as produced, be kept on record.

Such contention has not been disputed by Mr. Deb Roy, learned advocate appearing for the State. Considering the nature of accusations and as the petitioner has complied with the earlier directions of this Court, we are of the opinion that custodial interrogation is not necessary moreso when upon completion of investigation charge sheet has been submitted.

Accordingly, we allow this application and direct that in the event of arrest the petitioner, namely, Souvik Ghosh @ Bapi Ghosh 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 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 not tamper with the evidence and/or intimidate the witnesses. He shall also attend learned Court below on all the dates, as specified for hearing.

In the event the petitioner fails to comply with the aforesaid directions, without any justifiable cause, the learned Court below shall be at liberty to cancel his bail, in accordance with law, without further reference to this Court.

The application for anticipatory bail, being CRM 7064 of 2021, is, thus, disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Sugato Majumdar, J.) (Tapabrata Chakraborty, J.)