Calcutta High Court (Appellete Side)
Penal Code vs In Re:- Kaushik Ghosh @ Kousik Ghosh on 10 October, 2018
1 10.10.201825
jb.
CRM No. 8170 of 2018 Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed on 18th September, 2018 in connection with Raghunathganj Police Station Case No. 441/2017 dated 27.6.2017 under Sections 341/323/325/308/34 of the Indian Penal Code.
And In Re:- Kaushik Ghosh @ Kousik Ghosh ... Petitioner Mr. Tapodip Gupta ..for the Petitioner Mr. Rudradipta Nandy Mr. Antarikhya Basu .. for the State The petitioner seeks anticipatory bail in connection with Raghunathganj Police Station Case No. 441/2017 dated 27.6.2017 under Sections 341/323/325/308/34 of the Indian Penal Code. This appears to be another case of mob lynching. A mentally challenged woman who was suspected to be a child lifter was mercilessly beaten by a number of persons including the petitioner herein. The victim succumbed to such injury.
The State says that several other accused persons attempted to obtain anticipatory bail and were declined since this was a case of mob lynching. The petitioner claims that he is 19 years old and a student. 1 2 It is completely unacceptable that citizens would take law into their own hands and would mete out a punishment to a perceived offender, without allowing the law to take its own course. Incidents of mob lynching appear to be on the rise. It is necessary to stem the rot with a heavy hand. Since the petitioner's presence at the place of occurrence appears from some of the statements of the witnesses and the petitioner's involvement in the assault also appears to be indisputable, notwithstanding the age and status of the petitioner, the prayer for anticipatory bail is rejected.
A certified copy of this order be immediately made available to the petitioner subject to compliance with all requisite formalities.
(Abhijit Gangopadhyay, J.) (Sanjib Banerjee, J. ) 2