Souvik Ghosh v. The State Of West Bengal

04.09.2024 Court No.29 Item No.24 Allowed ar CRM (A) 3070 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 Arambagh Police Station Case No. 231 of 2024 dated 03.05.2024 corresponding to G.R Case No. 793 of 2024 under Sections 341/323/326/504/34 of the Indian Penal Code. In Re: Souvik Ghosh Petitioner Mr. Suman Chakraborty For the Petitioner Mr. Bibaswan Bhattacharya Mr. Aritra Bhattacharya For the State

1. Learned counsel for the petitioner submits that due to family dispute a false complaint has been lodged against the petitioner.

2. Learned counsel for the State in opposing the prayer for anticipatory bail has referred to the statement of the father and the injured and submits that both of them inflicted the petitioner for the commission of the alleged offence.

3. Considering the materials available in the case diary, the nature and extent of complicity of the petitioner in the commission of the alleged offence, the injury report and the relationship between the parties and the circumstances to which such incident had occurred, we are of the view that custodial interrogation of the petitioner is not necessary.

4. Accordingly, we direct that in the event of arrest, the petitioner, namely, Souvik Ghosh shall be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like amount each, one whom must be local, subject to the satisfaction of the Arresting Officer and also to Signed By :

AMITAVA ROY High Court of Calcutta 5 th of September 2024 11:42:57 AM

comply with the conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the BNSS, 2023. The petitioner shall meet the I.O once in a week till the submission of the final report and on further condition that the petitioner shall appear before the learned Additional Chief Judicial Magistrate, Arambagh, Hooghly, within two weeks from date in connection with G.R Case No. 793 of 2024. In the event of non-compliance 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 petitioner 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) (Shampa Dutt (Paul), J) Signed By :

AMITAVA ROY High Court of Calcutta 5 th of September 2024 11:42:57 AM