Asim Ghosh v. State Of West Bengal

02.01.2024 Serial no. 98 Anticipatory bail [Allowed] Dd CRM (A) 4355 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Raninagar Police Station Case No. 357 of 2023 dated 09.07.2023 under Sections 302/34 of the Indian Penal Code, 1860.

(G.R. Case No. 2135/2023) -AndIn the matter of : Asim Ghosh ... ... Petitioner Mr. Robiul Islam, Mr. Raju Mondal, Advocates ... ... For the Petitioner Mr. Neguive Ahmed, APP Ms. Ayantika Ray, Advocates ... ...For the State Petitioner prays for anticipatory bail.

Learned advocate appearing for the petitioner submits that the petitioner stands on the same footing, if not better, as that of Jahangir Fakir who were enlarged on anticipatory bail by coordinate Bench by an order dated August 18, 2023 passed in CRM(A) 2962 of 2023.

Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary. We find from the materials in the case diary that the father of the victim recorded a statement under Section 161 of the Criminal Procedure Code where, he stated that Jahangir Fakir led a mob in assaulting the victim leading to his death. Jahangir Fakir was enlarged on anticipatory bail by the coordinate Bench by an order dated August 18, 2023 passed in CRM(A) 2962 of 2023.

On a query from the Court as to whether the State took any steps with regard to such order, learned advocate appearing for the State submits that no steps were taken. Police filed charge sheet.

In such circumstances, we grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only), 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 and on further condition that the petitioner 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 petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court. Prayer for anticipatory bail of the petitioner is allowed. CRM (A) 4355 of 2023 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)