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Calcutta High CourtCRM (A)/489/2025allowed

Swapna Samanta And ORS v. The State Of West Bengal

2025-02-14Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Shampa Dutt (Paul)2 pages

14.02.2025 as [ALLOWED] C. R. M. (A) 489 of 2025 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Bidhannagar South Police Station Case No. of dated 27.01.2025 under Sections 126(2)/115(2)/117(2)/74/76/351(2)/3(5) of BNS, 2023. In Re: Swapna Samanta & Ors.

... ... Petitioners Mr. Partha Pratim Das, Mrs. Manasi Roy.

... ... for the Petitioners Mr. Sanjoy Bardhan, Mr. Subhasish Datta.

... ... for the State 1.

Petitioners contend there was a skirmish between the parties.

Case and counter case have been registered.

Accordingly, they pray for anticipatory bail. 2.

Learned Advocate for the State opposes the prayer for anticipatory bail. He submits petitioners had assaulted the victim lady.

3.

We have considered the materials on record. One Somnath Samanta threw a brick resulting in injury on the left eye. Allegation of assault is not attributed to the petitioners. However, it is alleged petitioner no.3 had torn the clothes in front of public but no torn wearing apparel had been seized during investigation to corroborate this fact.

4.

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

5.

Accordingly, we direct that in the event of arrest, the petitioners viz., 1) Swapna Samanta, 2) Sumit Samanta @ Signed By : ALOK SETH High Court of Calcutta 19 th of February 2025 11:27:24 AM

Somnath Samanta 3) Suman Samanta and 4) Amit Mondal be released on bail upon furnishing a bond of Rs.10,000/- 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 BNSS. They 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. (Shampa Dutt (Paul) J.) (Joymalya Bagchi, J.) Signed By : ALOK SETH High Court of Calcutta 19 th of February 2025 11:27:24 AM