Sujan Ghosh v. State Of West Bengal

03.01.2024 Serial no. 64 Anticipatory bail [Allowed] Dd CRM (A) 4369 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Krishnagar Kotwali Police Station Case No. 641 of 2023 dated 04.07.2023 under Sections 498A/325/326/34 of the Indian Penal Code, 1860.

(G.R. Case No. 3189/2023) -AndIn the matter of : Sujan Ghosh ... ... Petitioner Mr. Prabir Majumder, Mr. Snehansu Majumder, Advocates ... ... For the Petitioner Mr. Mirza Firoj Ahmed Begg, Advocate ... ...For the State Mr. Kalyan Kumar Bhattacharya, Ms. Sahina Khatun, Advocates ... ...For the de facto complainant Petition is taken up for consideration subsequent to order dated October 16, 2023.

By such order, interim anticipatory bail was granted by the co-ordinate Bench.

It is submitted at the Bar that the co-ordinate Bench did not consider the materials in the case diary and passed such order in view of the ensuing Puja vacation.

We perused the materials in the case diary.

Learned advocate for the de facto complainant submits that, the disputes between the de facto complainant and the petitioner stand resolved and that they are living together. In such circumstances, we confirm the interim order granted on October 16, 2023.

Consequently, 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 report before the Investigating Officer as and when called for till the conclusion of the investigation 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) 4369 of 2023 is disposed of.

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