Bablu Sk And ANR. v. State Of West Bengal

06.03.2025 sdas Partly Allowed C.R.M. (A) No. 789 of 2025 In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita in connection with Baishnabnagar Police Station Case No. 1302 of 2024 dated 22.11.2024 under Sections 191(2)/191(3)/190/132/ 223/224/262/263/121(1)/109 of the BNS read with Sections 25/27 of the Arms Act.

And In Re : Bablu Sk. & Anr. ....... petitioners Mr. Kazi M. Rahman .....for the petitioners Mr. Sanjay Bardhan Mr. Ronit Mukherjee ....for the State 1.

Heard the learned advocates for the parties.

2.

We have considered the material on record.

Statements of witnesses do not attribute specific overt act to the petitioners. Whether they shared common object to assault police personnel has to be assessed at the appropriate stage of the proceeding.

3.

However, petitioner no. 1 has criminal antecedents. His involvement in the crime stands on a higher footing than others. Accordingly, we are not inclined to grant anticipatory bail to the petitioner no. 1, Bablu Sk.

4.

Hence, prayer for anticipatory bail in so far as petitioner no. 1 is rejected.

5.

Keeping in mind the extent of complicity of the petitioner no. 2 in the crime we are inclined to grant anticipatory bail to him.

6. Accordingly, we direct that in the event of arrest the petitioner no. 2) Taju Sk. @ Tajamul Sekh shall 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 and on condition that he shall appear before the jurisdictional court and pray for regular bail within a period of four weeks from date.

7. The application for anticipatory bail is, thus, allowed in so far as petitioner no. 2 is concerned.

(Gaurang Kanth, J.) (Joymalya Bagchi, J.)