Mayukh Ghosh v. State Of West Bengal

05.09.2022 Serial no.21&24 Aloke CRM (A) 4197 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Naihati Police Station Case No. 150 of 2022 dated 01.04.2022 under Sections 448/323/354/506/34 of the Indian Penal Code.

-AndIn the matter of : Sougata Chakrabhorty ... ... Petitioner AND CRM (A) 4200 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Naihati Police Station Case No. 150 of 2022 dated 01.04.2022 under Sections 448/323/354/506/34 of the Indian Penal Code.

-AndIn the matter of : Mayukh Ghosh ... ... Petitioner Mr. Sandipan Ganguly, Sr. Advocate Mr. Navnil De, Advocate Mr. Sayak Ranjan Ganguly, Advocate ... ... For the Petitioner in CRM (A) 4197 of 2022 Mr. Sujan Chatterjee, Advocate ... ...For the State Mr. Navnil De, Advocate Mr. Sayak Ranjan Ganguly, Advocate ... ... For the Petitioner in CRM (A) 4200 of 2022 Mr. Sudip Kumar, Advocate ... ...For the State in CRM (A) 4200 of 2022 Two applications for anticipatory bail are taken up for consideration analogously as they emanate out of the same police station.

Apparently the incident arose when a financial company tried to recover the loan. One of the petitioners before us is an employee of the financial company while the other is the recovery agent.

Considering the materials in the case diary, the gravity of the offence and the involvement of the petitioners therein as

transpiring there from, we are inclined to grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only) each, 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 condition that the petitioners shall meet the Investigating Officer once in a fortnight 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 petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court.

Prayer for anticipatory bail of the petitioners is allowed. CRM (A) 4197 of 2022 and CRM (A) 4200 of 2022 are disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)