Mridul Ghosh And ORS. v. State Of West Bengal

C.R.M. (A) 4600 of 2023 05.01.2024 Sl.29 Court No.29 (AD) (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Hogolberia Police Station Case No.210 of 2023 dated 14.09.2023 under Sections 341/325/326/506/34 of the Indian Penal Code, 1860, SL. No.1354 of 2023.

And In the matter of: Mridul Ghosh & Ors.

....petitioners.

Mr. Sandip Chakraborty Mr. Amanul Islam Mr. Sourav Mukherjee Mr. Kaustav Das ... for the petitioners.

Mr. Arijit Ganguly Mr. Avik Ghatak ...for the State.

The application for anticipatory bail is taken up for consideration subsequent to the order dated October 16, 2023 passed by the Coordinate Bench.

By such order, an interim anticipatory bail was granted to the petitioners.

It is submitted at the bar that such order was passed without considering the materials in the case diary and in view of the ensuing puja vacation.

We perused the materials in the case diary.

In respect of an incident of assault, there is a counter police complaint also.

The injury reports of the four injured do not suggest that any of them suffered grievous hurt.

Considering the gravity of the offence and the involvement of the petitioners in the incident, we confirm the interim order dated

October 16, 2023.

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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioners will report before the Investigating Officer once a month 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. Accordingly, the prayer for anticipatory bail of the petitioners is allowed.

C.R.M. (A) 4600 of 2023 is, thus, disposed of. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)