Arup Saha @ Nayan And ORS. v. State Of West Bengal

06.03.2025 Sl. No.30 akd [ALLOWED] C. R. M. (A) 804 of 2025 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed on 28.02.2025 in connection with Chandannagar Police Station Case No.19 of 2025 dated 06.02.2025 under Sections 126(2)/117(2)/109/303(2)/351(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023. (G.R. Case No.211 of 2025) And In Re: Arup Saha @ Nayan & Ors.

... ... Petitioners Mr. Sanat Kumar Das Mr. Sujan Chatterjee ... ... for the petitioners Mr. Samarjit Balial Mr. N. Bera Mr. Bodhidipta Mondal Mr. Rupam Das ... ... for the de-facto complainant Mrs. Manisha Sharma Mrs. Manasi Roy ... ... for the State 1.

It is submitted on behalf of the petitioners there was a dispute between themselves and the victim who had supplied public address system in a festival. They have been falsely implicated. Accordingly, they pray for anticipatory bail.

2.

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

3.

Learned Advocate for the de-facto complainant also opposes the prayer for anticipatory bail. He submits his client had suffered fracture wound.

4.

We have considered the materials on record. Victim had supplied a public address system during Puja festival. The system was not operating properly. Dispute cropped up. Petitioners assaulted the victim. Injuries apart from a fracture on a finger are not grievous. Under such

circumstances, we are of the opinion custodial interrogation of the petitioners is not necessary and they may be granted anticipatory bail however, subject to strict conditions.

5.

Accordingly, we direct in the event of arrest, the petitioners, namely, (1) Arup Saha @ Nayan, (2) Parikshit @ Parikshit Das, (3) Tuhin @ Tuhin Mondal, (4) Bittu @ Suvankar Mondal & (5) Chandan Rajak, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only) 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 that the petitioners shall meet the Investigating Officer 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.)