Sourav Sengupta v. The State Of West Bengal

06.08.2024 Court No.29 Item No. 28 Allowed sg CRM (A) 2648 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure corresponding to Section 482 of Bhartiya Nagrik Suraksha Sanhita, in connection with Mogra Police Station Case No. 189 of 2023 dated 18.05.2023 under Sections 420/406/34 of the Indian Penal Code, pending before the learned Chief Judicial Magistrate, Chinsurah, Hooghly. And In Re: Sourav Sengupta Petitioner Mr. Dhananjay Banerjee For the Petitioner Mr. Koushik Biswas Ms. Debadrita Mondal For the State 1.

Claiming parity with the co-accused person namely, Swagata Sengupta, who has been granted anticipatory bail in CRM(A) 2137 of 2024 on 4th July, 2024, a prayer for anticipatory bail is made.

2. The said prayer is not opposed by the learned Counsel for the State. 3.

Under such circumstances, 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 present petitioner, namely, Sourav Sengupta, shall be released on bail upon furnishing a bond of Rs.10,000/- each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer and also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita and the petitioner shall not leave the jurisdiction of Mogra

Police Station till the submission of final report and shall cooperate with the investigation. The petitioner shall appear before the learned Chief Judicial Magistrate, Chinsuray, Hooghly, in connection with G.R. Case No. 1415 of 2023 within two weeks from date and on further condition that the petitioner shall meet the Investigating Officer once in a week till the conclusion of the investigation and on further condition that the petitioners 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.

5.

Accordingly, the prayer for anticipatory bail of the petitioner is allowed.

6. 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.)