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Calcutta High CourtCRM (A)/707/2025allowed

Ebrahim Sk. @ Ebrahin Sk v. The State Of West Bengal

2025-02-28Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

28.02.2025 Sl. No.8 akd [ALLOWED] C. R. M. (A) 707 of 2025 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed on 20.02.2025 in connection with Kaliachak Police Station Case No.1508 of 2024 dated 22.09.2024 under Sections 126(2)/115(2)/117(2)/118(2)/109/74/3(5) of the Bharatiya Nyaya Sanhita, 2023. (G.R. Case No.7098 of 2024) And In Re: Ebrahim Sk. @ Ebrahin Sk.

... ... Petitioner Ms. Khushi Mollick ... ... for the petitioner Ms. Sayanti Santra Ms. Srilekha Chatterjee ... ... for the State 1.

Heard learned Advocates for both the parties. 2.

We have considered the materials on record. Co-accused viz. Kuddus Sekh @ Kuddu Sk. @ Kuddus Sk. has been granted pre-arrest bail. Though injuries are grievous and has resulted in a fracture, we note incident occurred on the spur of the moment and was not a premeditated one. Under such circumstances, we are of the opinion custodial interrogation of the petitioner is not necessary and he may be granted anticipatory bail.

3.

Accordingly, we direct in the event of arrest, the accused/petitioner, namely, Ebrahim Sk. @ Ebrahin Sk., be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only), 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 petitioner shall appear before the jurisdictional court and pray for regular bail within four weeks from date.

4.

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