Calcutta High CourtCRM (A)/5003/2022allowed

Somnath Ghosh And ORS v. State Of West Bengal

2022-10-18Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Ajay Kumar Gupta2 pages

(As/ cm) 18.10.2022 C.R.M. (A) 5003 of 2022 Court No.29 (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Krishnaganj P.S. Case No.354 of 2022 dated 21/09/2022 under Sections 417/376/323/354/354A/354B/34 of the Indian Penal Code,. And In the matter of: Somnanth Ghosh & Ors.

....petitioners.

Mr. Amarul Islam Mr. Sourav Mukherjee ...for the petitioners.

Mr. Narayan Prasad Agarwala Ms. Jonaki Saha ...for the State.

Petitioners pray for anticipatory bail.

The statement of the victim recorded under Section 164 of the Code of Criminal Procedure suggests that there was a previous relationship between the petitioner no.1 and the victim. The petitioner no.1 and the victim are adults. Considering the materials in the case diary and considering the statement of the victim recorded under Section 164 of the Code of Criminal Procedure, we grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest, the petitioners shall be released on bail upon furnishing a Bond of Rs.10,000/- (Rupees Ten Thousand Only) each, with two sureties of like amount each to the satisfaction of the Arresting Officer and also 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 no.3 will cooperate with the

investigation till the conclusion of the investigation and petitioner nos.1 and 2 will report before the Investigating Officer once a fortnight till the conclusion of the investigation and on condition that the petitioners 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 petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court. The prayer for anticipatory bail of the petitioners is allowed.

C.R.M. (A) 5003 of 2022 is disposed of.

(Debangsu Basak, J.) (Ajay Kumar Gupta, J.)