Apurba Giri And ORS. v. State Of West Bengal And ANR
19.12.2024 tkm/ct 28 C.R.M. (A) 4467 of 2024 sl no. 66 In Re : An application for anticipatory bail under section 482 of BNSS 2023 in connection with Patashpur P.S Case no. 552 of 2024 dated 9.11.2024 under sections 115(2)/117(2)/118(2)/126(2)/3(5) of BNS 2023 Allowed and In Re : Apurba Giri & Ors.
...... petitioners Ms. M Gomes Mr. Pradip Paul Ms. R Dey ...... for the petitioners Mr. Soumik Ganguly Mr. Sobhan Gani ...... for the State Mr. Amitabha Karmakar Mr. A K Samanta ...... for the de facto complainant
1. Petitioners contend there is a dispute between the parties. Case and counter were registered. They pray for anticipatory bail.
2. Learned lawyer for the State and the de facto complainant oppose the prayer.
3. We have considered the materials on record including the statement of the injured. It is alleged petitioner nos. 3 and 5 assaulted the victim. Keeping in mind their primary role in the crime we are not inclined to grant anticipatory bail to them.
4. Allegations against petitioner nos. 1, 2 and 4 are general and omnibus. Possibility of false implication due to prior enmity cannot be ruled out.
5. Under such circumstances we are inclined to grant anticipatory bail to them.
Signed By :
TAMAL KRISHNA MANDAL High Court of Calcutta 20 th of December 2024 04:09:28 PM
6. Accordingly, we direct that in the event of arrest, the petitioner nos. 1, 2 and 4 viz Apurba Giri, Pulin Giri and Misha Giri @ Sikha Giri shall be released on bail upon furnishing a bond of Rs. 10,000/- each with two sureties of like amount each, to the satisfaction of the Arresting Officer and also subject to the conditions as laid down under section 482(2) of BNSS 2023.
7. Petitioner nos. 1, 2 and 4 shall appear before the jurisdictional court and pray for regular bail within four weeks from date.
8. The application being CRM (A) 4467 of 2024 is disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By :
TAMAL KRISHNA MANDAL High Court of Calcutta 20 th of December 2024 04:09:28 PM