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Calcutta High CourtCRM (A)/714/2025allowed

Dipen Mondal And ORS v. The State Of West Bengal

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

28.02.2025 15.

Ct. No. 28 SG [ALLOWED] C. R. M. (A) 714 of 2025 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Beldanga Police Station Case No. 877 of 2024 dated 19.11.2024 under Sections 126(2)/118(2)/352/3(5) of the BNS. And In Re: Dipen Mondal and Ors.

... ... Petitioners Mr. Anit Dey.

... ... for the petitioners Mr. Koushik Biswas, Ms. Suparna Chatterjee.

... ... for the State 1.

Petitioners submit there was a dispute amongst two groups. They have been falsely implicated. Accordingly, they pray for anticipatory bail.

2.

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

3.

We have considered the materials on record. Statements of witnesses show petitioners raised slogans and abused the complainant and his party outraging their religious sentiments. Upon protest they physically assaulted them resulting in grievous injuries.

4.

In view of the aforesaid circumstances, we are of the opinion though custodial interrogation may not be necessary, movement of the petitioners require to be regulated in order to prevent commission of similar offences.

5.

Accordingly, we direct that in the event of arrest, the petitioners viz., (1) Dipen Mondal, (2) Saikat Mondal, (3) Arjun

Mondal @ Arjun Mondal, (4) Probir Mondal, (5) Surojit Mondal,

(6) Prosenjit Mondal and (7) Sushil 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 Bharatiya Nagarik Suraksha Sanhita, 2023 and on further condition petitioners shall not enter the jurisdiction of Beldanga Police Station except for the purpose of attending court proceeding and shall provide the address where they shall presently reside to the investigating agency as well as the trial Court and shall report to the Officer-in-Charge of the police station concerned where they shall presently reside once in a week until further orders. 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. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)