Biplab Ghosh v. State Of West Bengal

29.11.2022 Serial no.16 [Dd] (Anticipatory bail) Allowed) CRM (A) 5496 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Bhadreswar Police Station Case No. 571 of 2022 dated 19.10.2022 under Sections 341/326/379 of the Indian Penal Code (corresponding to G.R. Case No. 1755 of 2022) -AndIn the matter of : Biplab Ghosh ... ... Petitioner Mr. Suman Chakraborty, Advocate ... ... For the Petitioner Mr. Arijit Ganguli, Mr. Sujan Chatterjee, Advocates ... ...For the State Petitioner prays for anticipatory bail.

Learned advocate appearing for the petitioner submits that the incident arose out of the disputes between the two colleagues working in a jute mill.

Learned advocate appearing for the State draws the attention of the Court to the discharge certificate of the victim. The discharge certificate of the victim records that the victim changed his stand from one taken at the time of the admission and one taken thereafter.

In view of the materials in the case diary and in view of the noting made in the discharge certificate of the injured, we are inclined to 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) 5496 of 2022 is disposed of.

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