Susanta Ghorui And ORS v. The State Of West Bengal

20.08.2024 Court No.29 Item No. 34 Allowed ar CRM (A) 2879 of 2024 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Khanakul Police Station Case No. 188 of 2024 dated 24.04.2024 corresponding to G.R Case No. 724 of 2024 under Sections 341/323/325/326/354B/504/506/34 of the Indian Penal Code. And In Re: Mr. Susanta Ghorui & Ors.

Petitioners Mr. Suvadip Bhattacharjee For the Petitioners Ms. Minoti Gomes Mr. Asraf Mondal For the State

1. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated. It is further submitted that a false complaint has been lodged as a counter blast against the de-facto complainant.

2. 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, the nature and extent of complicity of the petitioners in the commission of the alleged offence and the injury report, which does not appear to be grievous in nature and the circumstances under which the incident had occurred, we are of the view that custodial interrogation of the petitioners is not necessary.

4. Accordingly, we direct that in the event of arrest, the petitioners, namely, Mr. Susanta Ghorui, Mrs. Sima Ghorui and Mr. Sourav Ghorui shall be released on bail upon furnishing a bond of Rs.10,000/- each, with two Signed By :

AMITAVA ROY High Court of Calcutta 21 st of August 2024 02:43:29 PM

sureties of like amount each, one of whom must be local, subject to the satisfaction of the Arresting Officer and also to comply with the conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973. The petitioners shall meet the Investigating Officer once in a week till the submission of the final report and on further condition that the petitioners shall appear before the learned Additional Chief Judicial Magistrate, Arambagh, Hooghly, within two weeks from date in connection with G.R Case No. 724 of 2024. In the event of noncompliance of any of the conditions, the anticipatory bail shall stand automatically cancelled without any further reference to this Court.

5. Accordingly, the prayer for anticipatory bail of the petitioners is allowed and the same is accordingly disposed of.

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) Signed By :

AMITAVA ROY High Court of Calcutta 21 st of August 2024 02:43:29 PM