Nityananda Ghosh And Others v. State Of West Bengal

17.12.2020 Court No.28 SL No.162 AP CRM 10450 of 2020 (Through Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Tehatta P.S. Case No.524 of 2020 dated 28.11.2020 under Sections 341/323/326/ 307/427/506/34 of the Indian Penal Code.

And In the matter of: Nityananda Ghosh & Ors.

....Petitioners.

Mr. Asraf Mandal ...for the Petitioners.

Mr. P.K. Dutta, Mr. P.K. Ganguly ...for the State.

Mr. A. Sarkar, Mr. A. Islam ...for the de facto complainant.

It is submitted on behalf of the petitioners that there was a free fight between the parties.

Learned lawyer for the State opposes the prayer for anticipatory bail. Having considered the materials on record and bearing in mind the nature of allegations in the alleged crime and as injuries do not appear to be grievous, we are inclined to grant anticipatory bail to the petitioners. Accordingly, we direct that in the event of arrest, the petitioners be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only) 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 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner No.1 shall meet the investigating officer once in a week until further orders. The application for anticipatory bail is, thus, allowed. The parties shall act in terms of the copy of the order downloaded from the official website of this court.

(Suvra Ghosh, J.) (Joymalya Bagchi, J.)