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Calcutta High CourtCRM (A)/313/2025partly allowed

Omprakash Jain And ORS v. The State Of West Bengal

2025-02-06Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Subhendu Samanta2 pages

53.

53.

06.02.2025 06.02.2025 Ct. No. 28 (ARPAN) (PARTLY ALLOWED) C.R.M. (A) 313 of 2025 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Chinsurah Police Station Case No.512 of 2024 dated 12.12.2024 under Sections 126(2)/115(2)/117(2)/118(2)/118(1)/109/351(3)/3(5) of the Bharatiya Nyaya Sanhita, 2023;

And In Re: Omprakash Jain & Ors.

... Petitioners Mr. Suman Chakraborty ...for the Petitioners Mr. Sanjay Bardhan Ms. Snigdha Saha ...for the State 1.

Heard learned lawyers for both parties.

2.

We have considered the materials on record. As per injury report petitioner nos.2, 3 & 4 had assaulted the victim causing serious head injury and hospitalization. Hence, we are not inclined to grant anticipatory bail to petitioner nos.2, 3 & 4. 3.

Keeping in mind the extent of complicity of petitioner no.1 in the crime, we are inclined to grant anticipatory bail to the petitioner.1. 4.

Accordingly, we direct that in the event of arrest, the petitioner viz., 1. Omprakash Jain be released on bail upon furnishing a bond of Rs.10,000/-, 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 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. He shall appear before the jurisdictional court and pray for regular bail within four weeks from date. 5.

The application for anticipatory bail is, thus, disposed of.

(Subhendu Samanta, J.) (Joymalya Bagchi, J.)