Sk. Mosiur Rahaman v. State Of West Bengal And ANR

18.03.2025 Item No.47 Ct. No. 26 CHC Allowed C.R.M.(A) 933 of 2025 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 read with Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Debra Police Station Case No.

640/2022 dated 13.12.2022 under Sections 448/ 323/ 235/ 307/ 354B/ 376/511/427/34 of the Indian Penal Code, pending before the Learned Chief Judicial Magistrate at Paschim Medinipur. And In the matter of: Sk Mosiur Rahaman ...... petitioner Mr. S. S. Imam, Advocate Mr. G. F. Hossain, Advocate Mr. Sk. Nezamuddin, Advocate Ms. B. Roy, Advocate ....for the petitioner Mr. Prasun Kumar Dutta, Ld. A.P.P.

Md. Kutubuddin, Advocate ....for the State

1. Police filed charge sheet.

2. Three persons suffered injuries in an incident of assault.

3. None of the injuries are classified as grievous hurt.

4. Considering the nature of the incident and the involvement of the petitioner, we grant anticipatory bail to the petitioner.

5. Accordingly, we direct that in the event of arrest the petitioner will 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 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 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.

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