Apurba Chatterjee And ORS. v. State Of West Bengal

12.03.2025 Item No.19 Ct. No. 26 CHC Allowed C.R.M.(A) 878 of 2025 In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Khatra Police Station Case No. 91 of 2024 dated 31.12.2024 under Sections 329(4)/115(2)/75(2)/76/3(5) of the Bharatiya Nyaya Sanhita, 2023, pending before the Learned Additional Chief Judicial Magistrate, Khatra. And In the matter of : Apurba Chatterjee & Ors.

...... petitioners Mr. Arkaprabho Roy, Advocate ....for the petitioners Mr. Sandip Chakraborty, Advocate Mr. Abhishek Verma, Advocate ....for the State

1. No injury was suffered by any person in an incident of assault.

2. There is a statement recorded under Section 183 of the BNSS of a lady claiming that, petitioners touched her inappropriately.

3. Apparently, there is an altercation at the locality where, an incident took place.

4. Considering the gravity of the offence and the involvement of the petitioners as transpiring from the materials in the Case Diary, we grant anticipatory bail to the petitioners.

5. Accordingly, we direct that in the event of arrest the petitioners shall 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 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 petitioners shall meet the Investigating Officer once in a month till the conclusion of investigation and on condition that the petitioners 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 petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court.

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