Aviram Porel And ORS v. The State Of West Bengal

28.07.2025 Court No.28 Item No.23 tbsr Allowed CRM (A) 32 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Goghat P.S. Case No.540 of 2024 dated 29.11.2024 under Sections 126(2)/232/117(2)/109/351(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023.

And In the matter of: Aviram Porel & Ors.

....Petitioners.

Mr. Arabinda Manna ....for the petitioners Mr. Madhusudan Sur, ld. APP Ms. Mamata Jana .....for the State Learned counsel appearing on behalf of the petitioners submits as follows. It was alleged by the de-facto complainant that the petitioners had threatened a witness in a murder case who was the brother of the victim. However, pursuant to directions passed by this Court earlier granting protection to the victim, the victim was able to depose before the learned trial Court. His evidence was concluded. Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. He points to the statement of the victim and the witnesses as well the injury report which, however, does not show any grievous injury.

It appears that pursuant to the direction passed by this Court, the petitioners had met the Investigating Officer and with the protection given to the victim he was able to depose in the learned trial Court without any hassle.

In view of the above and considering the materials available in the case diary, I do not think that custodial interrogation of the petitioners is required in this case and I am inclined to grant anticipatory bail to the petitioners.

In the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the BNSS, 2023 and on further condition that the petitioners shall meet the I.O. once a fortnight till submission of report in final form, shall not threaten or intimidate witnesses and shall stay outside the jurisdiction of Goghat P.S. for a period of six months from this date except for meeting the I.O. or attending the jurisdictional Court.

The application for anticipatory bail is, thus, allowed. Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.

(Jay Sengupta, J.)