Pulak Singh v. State Of West Bengal And ANR

11.03.2025 Item No.51 Ct. No. 26 CHC Allowed C.R.M.(A) 855 of 2025 In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Krishnagar Women Police Station Case No. 06/2025 dated 08.01.2025 under Sections 329(3)/ 76/ 64/ 62/ 118(2)/109/324(4)(5)/303(2) of the Bharatiya Nyaya Sanhita, 2023, pending before the Learned Chief Judicial Magistrate, Nadia at Krishnanagar.

And In the matter of : Pulak Singh ...... petitioner Mr. Avijit Ganguly, Advocate ....for the petitioner Mr. Ranabir Roy Chowdhury, Advocate Ms. Sana Naaz ....for the State

1. None appears for the de facto complainant despite service.

2. Petitioner prays for anticipatory bail.

3. Learned advocate appearing for the State submits that, the petitioner was falsely implicated.

4. Learned advocate appearing for the State draws the attention of the Court to the statement recorded under Section 164 of the Criminal Procedure Code of the wife of the injured as also the injury report.

5. Wife of the injured implicates the petitioner before us in assaulting her husband with a knife. She also implicates

the petitioner in assaulting her husband by fist and blows.

6. Medical examination report of the victim states that on examination, fracture on the nasal bone was found apart from another multiple injury on the victim. The statement of the injured recorded under Section 192 of the BNSS and the statement of the one of the injured recorded under Section 183 of the BNSS apparently are at variance. Nature of injury suffered is not such that, the petitioner should be put in detention.

7. In such circumstances, we grant anticipatory bail to the petitioner.

8. Accordingly, we direct that in the event of arrest the petitioner shall 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 be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973, corresponding to Section 482(2) of the BNSS and on further condition that the petitioner shall meet the Investigating Officer once in a fortnight till the conclusion of investigation and on condition that the petitioner shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the

jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.

9. This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Smita Das De, J.)