Matibur Rahaman @ Motibur And ORS v. The State Of West Bengal

04.03.2025 as [PARTLY ALLOWED] C. R. M. (A) 760 of 2025 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Lalgola Police Station Case No. 745 of 2024 dated 16.07.2024 under Sections 329(3)/117(2)/ 110/105/3(5) of BNS, 2023.

In Re: Matibur Rahaman @ Motibur & Ors.

... ... Petitioners Mr. Asim Kr. Chakraborti.

... ... for the Petitioners Mr. Madhusudan Sur, Ld. A.P.P., Mr. Anindya Sundar Chatterjee.

... ... for the State 1.

Petitioners submit they have been falsely implicated in the case. Allegation of collective assault by 20-25 persons is not supported by the number of injuries noted in the post mortem report. Co-accused viz., Anisur Rahaman, Esmail Sk. @ Ismail Sk and Abdul Alim have been granted bail in CRM (A) 652 of 2025. They pray for similar relief.

2.

Learned Advocate for the State contends in the said order granting anticipatory bail, it is incorrectly recorded that "Abdul Guni @ Abdul Goni, Belal Sk. and Mannan Sk." were specifically named in the injury report. In fact, the names occurring in the injury report are Abdul Guni @ Abdul Goni, Belal Sk. and Manirul Islam.

3.

In light of the aforesaid submission, we direct order dated 25.02.2025 be accordingly corrected and the name of „Mannan Sk.‟ occurring in the third line of paragraph No.3 be read as „Manirul Islam‟.

4.

Having considered the materials on record, we note petitioner Nos.9 viz., Belal Sk. @ Hajrat Belal and 11) Manirul Islam were named as assailants in the medical papers in the first instance. They stand on the same footing with Abdul Guni @ Abdul Goni whose prayer has been turned down. 5.

Hence, prayer for anticipatory bail of the petitioner Nos.9 and 11 are rejected.

6.

Other petitioners viz., 1 to 8, 10, 12 to 15 stand on the similar footing with co-accused who have been granted anticipatory bail.

7.

Accordingly, we direct that in the event of arrest, the petitioner viz., 1) Matibur Rahaman @ Motibur, 2) Minarul Islam, 3) Fitu Sk. @ Piarul Islam, 4) Titu Sk., 5) Lalchand Sk., 6) Sorif Sk. @ Soriful Islam, 7) Mannam Sk. @ Abdul Mannan, 8) Ajhar Ali @ Azharuddin, 10) Manjar Ali @ Munjur Sk., 12) Md. Jalaluddin, 13) Jakir Ali @ Jakir Sk.,

14) Babar Ali and 15) Md. Rahul Sk. 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. 8.

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