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Calcutta High CourtCRM (A)/449/2025allowed

Atul Chandra v. The State Of West Bengal

2025-02-12Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

12.02.2025 24.

Ct. No. 28 SG [Allowed] C. R. M. (A) 449 of 2025 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kolaghat Police Station Case No. 700 dated 22.09.2024 under Sections 109/115(2)/117(2)/126(2)/3(5) of BNS and charge-sheet submitted under Sections 126(2)/115(2)/117(2)/109/351(2)/3(5) of BNS.

And In Re: Atul Chandra.

... ... Petitioner Mr. Ayan basu, Mr. Sourav Bera, Mr. Sumit Routh.

.... For the petitioner Ms. Anasuya Singh, ld. A.P.P.

Mr. Arani Bhattacharya.

.... For the State 1.

Petitioner submits there was prior enmity between the parties. A number of cases are pending between each other. Over the present incident case and counter case have been registered. Petitioner and his associates had also suffered injuries. 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. A free fight ensued between the parties due to prior enmity. Both the parties suffered injuries. Case and counter case have been registered. Injury report discloses simple injury.

4.

Under such circumstances, we are inclined to grant anticipatory bail to the petitioner.

5.

Accordingly, we direct that in the event of arrest, the petitioner viz., Atul Chandra 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.

6.

Application for anticipatory bail is, thus, disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)