Kallol Podder And ANR v. The State Of West Bengal

11.02.2025 Sl. No.32 akd [ALLOWED] C. R. M. (A) 443 of 2025 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed on 06.02.2025 in connection with Baguiati Police Station Case No.43 of 2025 dated 19.01.2025 under Sections 126(2)/115(2)/117(2)/303(2)/351(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023. (G.R. Case No.241 of 2025) And In Re: Kallol Podder & Anr.

... ... Petitioners Mr. Imtiaz Ahmed Mrs. Ghazala Firdous Mr. Sk. Saidullah Mr. Mithun Mondal Md. Arsalan ... ... for the petitioners Mr. Rudradipta Nandy .. ld. Addl. Public Prosecutor Md. Yaser A. Ismail ... ... for the State 1.

It is submitted on behalf of the petitioners that petitioner no.1 is the tenant under the de-facto complainant. He was forcibly dispossessed and lodged complaint with police. No steps were taken. Petitioners have been falsely implicated. Accordingly, they pray for anticipatory bail.

2.

Learned Additional Public Prosecutor opposes the prayer for anticipatory bail and submits petitioner no.1 assaulted the de-facto complainant.

3.

We have considered the materials on record. Dispute arose between the landlord and tenant. It is contended petitioner no.1 i.e. the tenant was forcibly evicted and no steps have been taken by police. Injury report does not disclose grievous injuries. Under such circumstances, we are of the opinion custodial interrogation of the petitioners is not necessary and they may be granted anticipatory bail. Signed By : ARUP KUMAR DAS High Court of Calcutta 12 th of February 2025 03:59:37 PM

4.

Accordingly, we direct in the event of arrest, the petitioners, namely, (1) Kallol Podder & (2) Kamal Podder, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only) each, 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 and on further condition that the petitioners 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. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By : ARUP KUMAR DAS High Court of Calcutta 12 th of February 2025 03:59:37 PM