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Calcutta High CourtCRM (A)/5487/2023allowed

Subhash Ghosh v. The State Of West Bengal

2024-02-06Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

06.02.2024 Item No.63 Ct. No. 29 CHC Allowed C.R.M.(A) 5487 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Nakashipara Police Station Case No. 687/2023 dated 20.08.2023 under Sections 341/325/326/307/427 and 34 of the Indian Penal Code.

And In the matter of : Subhash Ghosh ...... petitioner Mr. Sumanta Das ....for the petitioner Mr. Debabrata Chatterjee, Ld. A.P.P.

Mr. Shiladitya Banerjee ....for the State Petitioner prays for anticipatory bail.

Injured claim that he was assaulted with iron rod, wooden sticks and crowbar. The injury report however speaks of physical assault with the injured suffering cut injuries on head requiring seven stitches.

Considering the nature of the injury and the involvement of the petitioner in the incident, 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 will report before the Investigating Officer once in a month till the conclusion of investigation and on 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. This application for anticipatory bail is, thus, allowed. CRM(A) 5487 of 2023 is disposed of.

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