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Calcutta High CourtCRM (A)/3779/2022allowed

Sovan Lal Ghosh @ Sovanlal Ghosh @ Shovon Ghosh @ Shobhan Lal Ghosh @ Shobhanlal Ghosh v. State Of West Bengal

2022-08-16Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

16.08.2022 Serial no. 08 [Dd] (Anticipatory bail) Allowed) CRM (A) 3779 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Santipur Police Station Case No. 186 of 2022 dated 05.03.2022 under Sections 363/366/506 of the Indian Penal Code. -AndIn the matter of : Sovan Lal Ghosh @ Sovanlal Ghosh @ Shovon Ghosh @ Shobhan Lal Ghosh @ Shobhanlal Ghosh ... ... Petitioner Mr. Soubhik Mitter, Mr. Litan Maitra, Mr. Kalyan Kumar Bhattacharya Ms. Rajnandini Das, Advocates ... ... For the Petitioner Mr. Avishek Sinha, Advocate ... ...For the State Petitioner prays for anticipatory bail.

Learned advocate appearing for the petitioner submits that the petitioner was falsely implicated. There was a previous police complaint against the petitioner and Arnab Ghosh on similar allegation as that of the present application. He relies upon the final report submitted by the police under Section 173 of the Criminal Procedure Code in such proceeding. He refers to the statement of the victim recorded under Section 164 of the Criminal Procedure Code in such proceeding.

Learned advocate appearing for the State draws the attention of the Court to the statement of the victim recorded under Section 164 of the Criminal Procedure Code. He submits that the police filed charge sheet.

Considering the fact that police filed charge sheet and considering the fact that in a previous case of similar nature, the police filed a final report therein, 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 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) 3779 of 2022 is disposed of.

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