Sailen Ghosh @ Rahul v. The State Of West Bengal And ANR

17.

26-11-2024 (ct. no.29) debajyoti (allowed) CRM (DB) 3198 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure/483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Hanskhali Police Station Case No.479 of 2024 dated 16-06-2024 under Sections 419/420/376/384/468/471 of the Indian Penal Code.

- A n d - In the matter of : Sailen Ghosh @ Rahul .... Petitioner.

Ms. Minoti Gomes, Ms. Shanta Sarkar ... For the Petitioner.

Mr. S. S. Imam, Mr. A. Pervez ... For the State.

Dictated by Apurba Sinha Ray, J.

1. Service report filed on behalf of the State is taken on record. In spite of service, no one appears on behalf of the victim/defacto complainant.

2. Learned counsel for the petitioner has submitted that investigation is complete and charge sheet has been submitted. However, as there is a quarrel between the police authorities and this petitioner, the petitioner has been entangled in different police cases. However, as investigation is complete, he may be granted bail on any condition.

3. Learned counsel for the State raises vehement objection. According to him, the present petitioner is an

imposter. Several police uniforms have been recovered from his house and he posed to be a police officer and committed fraud upon several persons. His bail prayer should be rejected.

4. We have considered the submissions of the parties. We have gone through the material on record and we find that the investigation is complete. However, there is no material on record that the petitioner has been convicted in any criminal case. The petitioner has been granted bail in each case as referred to above. The bail prayer is, thus, allowed.

5. Accordingly, we direct that the petitioner, namely, Sailen Ghosh @ Rahul, shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand), with two sureties of like amount each, one of whom must be local, to the satisfaction of learned Additional Chief Judicial Magistrate, Ranaghat, Nadia. The petitioner shall appear before the learned trial Court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever. The petitioner shall not leave the jurisdiction of Hanskhali Police Station except for the purpose of attending the court proceedings and shall report to the Officer-inCharge/Inspector-in-Charge of Hanskhali Police Station on every alternate day, until further orders.

6. In the event the petitioner fails to comply with any of the conditions stipulated above without any justifiable cause, the learned trial Court shall be at liberty to cancel the bail in accordance with law without further reference to this Court.

7. The application for bail is, thus, allowed.

8. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

9. Criminal Section is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities.

(Arijit Banerjee, J.) (Apurba Sinha Ray, J.)