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Calcutta High CourtCRM (A)/5729/2022allowed

Samiran Ghosh v. State Of West Bengal

2022-12-08Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

08.12.2022 Serial no.59 S. De CRM (A) 5729 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Ranaghat Police Station Case No. 262 of 2019 dated 03.08.2019 under Sections 498A/302/304B/34 of the Indian Penal Code.

-AndIn the matter of : Samiran Ghosh @ Samir Ghosh ... ... Petitioner Ms. Sananda Bhattacharyya, Advocate ... ... For the Petitioner Mr. Saswata Gopal Mukherji, Ld. P.P.

Mr. Partha Pratim Das, Advocate Mrs. M. Roy, Advocate ... ...For the State Leave is granted to the learned advocate for the petitioner to correct the cause title.

There is a writing claimed to be of the victim and claimed to be a suicide note where the victim apparently exonerates the petitioner.

Moreover, it is claimed on behalf of the petitioner that the petitioner was out of India on the date of the incident. In such circumstances, 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 condition that the petitioner will 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) 5729 of 2022 is disposed of.

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