Prakash Ghosh v. State Of West Bengal

09.10.2023 as/ sdas Allowed C.R.M. (A) No. 4552 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Pukhuria Police Station Case No. 343 of 2023 dated 01.08.2023 under Sections 341/323/325/326/307/34 of the Indian Penal Code.

And In Re : Prakash Ghosh ..... petitioner Mr. Sourav Mukherjee Ms. Roma Roy .....for the petitioner Mr. Avishek Sinha ....for the State

1. Learned Counsel of the petitioner submits incident occurred in the course of a sudden quarrel. Co-accused is on regular bail. He prays for anticipatory bail.

2. Learned Counsel for the State opposes the prayer for anticipatory bail.

3. We have considered the materials on record including the injury reports which describe the injuries as severe. Whether the injuries are grievous or life threatening may be assessed during trial. Under such circumstances, we are inclined to grant anticipatory bail to the petitioner.

4. Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/-, 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 condition that he shall appear before the court below and pray for regular bail within a period of four weeks from date.

5. This application for anticipatory bail is, thus, allowed. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)