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Calcutta High CourtCRM (A)/4233/2022allowed

Subhankar Guha@Raja Guha And ORS v. State Of West Bengal

2022-09-05Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

C.R.M. (A) 4233 of 2022 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Ghola Police Station Case No. 116 of 2022 dated 27.02.2022 under Sections 325/354/506/509/306/166A/34 of Indian Penal Code, 1860 being G.R. No.1688 of 2022.

And In the matter of: Subhankar Guha @ Raja Guha & Ors. ....petitioners.

Mr. Tarunjyoti Tewari ...for the petitioners.

Mr. Soumik Ganguly ...for the State.

05.09.2022 Sl.56 Court No.29 (AD) (Allowed) Petitioners pray for anticipatory bail.

A co-accused was enlarged on anticipatory bail by the order dated August 31, 2022 passed in CRM (A) 4164 of 2022. The petitioner along with such co-accused were named in the document claimed to be the suicide note.

The petitioner, therefore, can justifiably claim parity with the other co-accused who was enlarged on anticipatory bail. In such circumstances, we 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioners will report before the Investigating Officer once a

fortnight till the conclusion of the investigation and on 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.

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

C.R.M. (A) 4233 of 2022 is, thus, disposed of. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)