Ibrahim Khan @ Ibrahim Kha v. The State Of West Bengal

06.02.2025 as [ALLOWED] C. R. M. (A) 356 of 2025 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Murutia Police Station Case No. 44 of 2023 dated 25.02.2023 under Sections 279/304 of the Indian Penal Code.

In Re: Ibrahim Khan @ Ibrahim Kha.

... ... Petitioner Mr. Dipankar Mandal, Mr. Abdul Aziz Mandal.

... ... for the Petitioner Ms. Sreyashee Biswas, Ms. Snigdha Saha.

... ... for the State 1.

Petitioner renews his prayer for bail. He contends his earlier prayer had not been disposed of on merits. He also contends he is not the principal accused. Accordingly, he prays for anticipatory bail.

2.

Learned Advocate for the State opposes the prayer for anticipatory bail.

3.

We have considered the materials on record. Two motor cycles were being driving dangerously on the road. One Sari Sk. @ Sariful Sekh was driven the first motor cycle. He pushed the de-facto complainant's motor cycle fatally injuring his wife. Defacto complainant recognized the petitioner as one of the riders. He collected his name later on.

4.

In light of the aforesaid circumstances, we are of the opinion petitioner is not the principal accused and may be granted pre-arrest bail.

Signed By : ALOK SETH High Court of Calcutta 10 th of February 2025 11:54:13 AM

5.

Accordingly, we direct that in the event of arrest, the petitioner viz., Ibrahim Khan @ Ibrahim Kha 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 BNSS. He shall appear before the jurisdictional court and pray for regular bail within four weeks from date. 6.

The application for anticipatory bail is, thus, disposed of. (Subhendu Samanta, J.) (Joymalya Bagchi, J.) Signed By : ALOK SETH High Court of Calcutta 10 th of February 2025 11:54:13 AM