Gobinda Mallick v. The State Of West Bengal

29.07.2024 Court No.29 Item No. 36 Allowed sg CRM (A) 2510 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure read with Section 482 of the BNSS, in connection with Balagarh Police Station Case No. 233 of 2024 dated 24.05.2024 under Sections 341/323/307/326/354B/379/504/34 of the Indian Penal Code. And In Re: Gobinda Mallick Petitioner Mr. Sudip Ghosh Chowdhury Ms. Shreyeta Mitra Mr. Shibjit Mitra For the Petitioner Mr. Pabhas Bhattacharya Mr. Debanik Das For the State 1.

The learned Counsel for the petitioner submits that due to political rivalry, the petitioner has been falsely implicated in the instant case. 2.

The learned Counsel for the State, in opposing the prayer for anticipatory bail, has referred to the statement of the injured and the injury report. 3.

Considering the materials available in the case diary and the statement of the injured in which specific allegation has been made against one Montu and there is no specific allegation against the present petitioner, we are of the view that the custodial interrogation of the present petitioner is not necessary. 4.

Accordingly, we direct that in the event of arrest the petitioner namely, Gobinda Mallick, shall be released on bail upon furnishing a bond of Rs.10,000/-, with two registered sureties of like amount each, one of whom must be local, to the satisfaction of Arresting Officer, subject to conditions as

laid down under Section 438(2) of the Code of Criminal Procedure corresponding to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The petitioner shall meet the I.O. once in a week till the submission of the final report. The petitioner shall appear before the learned trial Court within two weeks from date.

5.

In the event the petitioner fails to comply with any of the conditions as mentioned above, the trial court shall be at liberty to cancel his bail in accordance with law without any further reference to this Court. 6.

Accordingly, the prayer for anticipatory bail of the petitioners is allowed. 7.

CRM (A) 2510 of 2024 is, thus, disposed of.

8. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Soumen Sen, J.) (Uday Kumar, J.) Signed By :

SANJIB GHOSH High Court of Calcutta 30 th of July 2024 11:12:22 AM