CRM/11295/2020 of UPEMDRA MATH GHOSH AND ANR Vs State of West Bengal on 31 December 2020

31.12.2020Item no. 13Ct.8KAUSHIK/CHCAllowed

C.R.M. No.11295 of 2020

(Via Video Conference)

In Re:- An application for anticipatory bail under section 438of the Code of Criminal Procedure in connection with Malda PoliceStation Case No.590 of 2020 dated 13.10.2020 under Sections188/ 353/ 332/ 333/ 506/34 of the Indian Penal Code, 1860.

And

In the matter of:-Upendra Nath Ghosh & anr.

… Petitioners

Mr. Kazi M. Rahman

.. for the petitioners

Mr. Rana Mukherjee, Ld. A.P.P.Mr. Subrato Roy

..for the State

Learned counsel for the petitioners submits that the petitionerno.2 has been hospitalized due to assault on the said petitioner.That apart, the principal accused has already been granted bailon certain conditions by this Court earlier in the day.

Learned counsel for the State opposes the prayer foranticipatory bail, by placing reliance on the injury reports, whichapparently reveal grievous injury. It is further submitted bylearned counsel for the State that the statement under Section161 Cr.P.C. implicates the petitioners as well. As such, it issubmitted that no anticipatory bail ought to be granted.

However, considering the circumstances of the hospitalizationof petitioner no.2, in conjunction with the fact that the co-accused has been already been granted bail, we deem it fit to grantanticipatory bail to the petitioners on the following conditions:

i)The petitioners shall make themselves available forinterrogation by any police officer in connection with theoffences in question;interrogation by any police officer in connection with theoffences in question;

ii)The petitioners shall not make any inducement, promiseor threat to any person being acquainted with the factsrelating to the alleged offences in order to prevent suchperson from disclosing such facts before the concernedpolice officer and/or the Court;or threat to any person being acquainted with the factsrelating to the alleged offences in order to prevent suchperson from disclosing such facts before the concernedpolice officer and/or the Court;

iii)The petitioners shall not leave the jurisdiction of theconcerned Police Station i.e. Malda Police Stationwithout leave of a competent Court.concerned Police Station i.e. Malda Police Stationwithout leave of a competent Court.

In the event of arrest, the petitioners shall be released on bailon furnishing a bond of Rs.5,000/- (Rupees Five Thousand only)each, with two sureties of like amount each, to the satisfaction ofthe arresting officer.

In addition, the petitioners shall attend the trial on all thedates fixed. In default on the part of the petitioners to comply withany of the above conditions, the trial court shall be at liberty todirect arrest of the petitioners without further reference to thisCourt.

Accordingly, C.R.M.11295 of 2020 is disposed of.

Urgent certified photostat copy of this order, if applied for,shall be given to the parties as expeditiously as possible oncompliance of all necessary formalities.

(Sabyasachi Bhattacharyya, J.)

(Saugata Bhattacharyya, J.)