Calcutta High CourtCRM/7913/2020allowed

Santanu Ghosh v. State Of West Bengal

2020-11-24Hon'Ble Justice Tapabrata Chakraborty,Hon'Ble Justice Suvra Ghosh2 pages

12.04.2021 SL No.08 Court No.28 (gc) (Allowed) CRM 7913 of 2020 With CRAN 1 of 2020 (Via video Conference) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed in connection with Labpur Police Station Case No.26 of 2020 dated 01/02/2020 under Sections 406/420/34 of the Indian Penal Code. And In the matter of : Santanu Ghosh - Petitioner Md. Sabir Ahmed, Mr. Apan Saha, ... For the Petitioner.

Mr. Binay Panda, Ms. Puspita Saha, ... For the State.

The petitioner was granted interim protection by an order dated 24th November, 2020. It has been submitted that the petitioner is similarly placed with another accused, namely, Monirul Islam, who has been extended the privilege of anticipatory bail.

Learned Advocate appearing for the State submits that there is no adverse report, which has been received from the Investigating Officer regarding the conduct of the present petitioner.

Having regard to the aforesaid, we are of the opinion that the interim order earlier granted be affirmed and the petitioner be extended the benefit of anticipatory bail. Accordingly, the prayer for anticipatory bail is allowed.

Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer and subject to the condition that the petitioner shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever and also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973. This order of anticipatory bail will remain in force for a period of four weeks from date within which time the petitioner shall appear/surrender before the Jurisdictional Court/A.C.J.M, Bolpur and pray for regular bail. The learned A.C.J.M, Bolpur will consider the application for bail in accordance with law independently without being influenced by any order passed by this Court.

With the aforesaid observation, the application for anticipatory bail, being CRM No.7913 of 2020, and the connected application being CRAN 1 of 2020 are, thus, disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.) (Soumen Sen, J.)