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Calcutta High CourtCRM (A)/4041/2023allowed

Gonesh Ghosh @ Ganesh Ghosh And ORS. v. State Of West Bengal

2023-09-15Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta1 pages

15.09.2023 tkm/ct 28 C.R.M. (A) 4041 of 2023 sl no. 52 In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Khayrasole P.S case no. 60 of 2023 dated 9.7.2023 under sections 341/323/324/325/308/506/34 IPC And Allowed In Re : Gonesh Ghosh @ Ganesh Ghosh & Ors.

...... petitioners Mr. Kallol Mondal Mr. K Ray Mr. A Banerjee ...... for the petitioners Mr. Swapan Banerjee Mr. A S Chatterjee ...... for the State

1. Heard learned lawyers for the parties.

2. We have considered the materials on record. There was a commotion on the day of Panchayet election. Allegations against the petitioners are general and omnibus. Whether the injuries are life threatening may be assessed during trial. Possibility of false implication cannot be ruled out.

3. Under such circumstances, we are inclined to grant anticipatory bail to the petitioners.

4. Accordingly, we direct that in the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs. 10,000/- 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.

5. Petitioners shall appear before the court below and pray for regular bail within four weeks from date.

6. The application being CRM (A) 4041 of 2023 is disposed of. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)