Nirmal Kumar Ghosh@N.K Ghosh v. The State Of West Bengal

54.

04.04.2025 Court No.1 (Papiya) CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

APPELLATE SIDE IA No: CRAN 1 of 2025 In CRM (A) 22 of 2025 In Re: - An application for anticipatory bail under Section 483(1) of Bharatiya Nagarik Suraksha Sanhita, 2023.

And In the matter of: - Nirmal Kumar Ghosh @ N.K. Ghosh ...petitioner.

Mr. Navin Barik, Adv.

Ms. Esha Acharya, Adv.

...for the petitioner.

Mr. Aditi Shankar Chakraborty, Ld. APP.

Mr. Ujjwal Luksom, Adv.

...for the State.

In re: IA No: CRAN 1 of 2025

1. The petitioner was granted anticipatory bail by a Division Bench on January 21, 2025, inter alia, on the condition that he shall meet the Investigation Officer once a week until further orders.

2. The petitioner says that he has been complying with the said condition. On a couple of occasions he failed to meet the Investigating Officer because of acute illness of his wife who is a patient of renal failure and has undergone kidney transplantation. He had to rush to Kolkata for medical treatment of his wife. He prays for waiver of the condition requiring him to report to the Investigating Officer once a week.

3. Learned State Advocate tells me that the investigation is still in progress. It is important that the petitioner reports to the

Investigating Officer and cooperates with him so that the stolen articles can be recovered.

4. I am not inclined to waive the aforesaid condition altogether. However, I see from the documents annexed to the present application that the petitioner's wife is indeed under medical treatment in Kolkata. This may require the petitioner's presence in Kolkata quite often. Therefore, taking a lenient view and on humanitarian grounds, I modify the condition requiring the petitioner to report to the Investigating Officer once every week and permit him to meet the Investigating Officer once every month. However, whenever the petitioner goes out of Siliguri, he will send prior intimation to the Investigating Officer. He shall also supply all the medical documents pertaining to his wife to the Investigating Officer.

5. The other conditions mentioned in the order dated January 21, 2025 remain unaltered.

6. The application being IA No: CRAN/1/2025 is, thus, disposed of.

7. All parties shall act in terms of server copy of this order duly downloaded from the official website of this Court. (Arijit Banerjee, J.)