Milan Majhi And ANR. v. State Of West Bengal

19.03.2025 Item No.7 Ct. No. 26 CHC Allowed C.R.M.(A) 940 of 2025 In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ under Section 438 of Code of Criminal Procedure, in connection with Kolaghat Police Station Case No. 377 of 2024 dated 03.05.2024 under Sections 341/325/323/307/354/379/506/34 of the Indian Penal Code, pending before the Court of the Learned Chief Judicial Magistrate, Purba Medinipur at Tamluk. And In the matter of: Milan Majhi & Anr.

...... petitioners Mr. Malay Bhattacharyya, Advocate ....for the petitioners Ms. Minoti Gomes, Advocate Ms. Debadrita Mondal, Advocate ....for the State

1. There are counter police complaint in respect of an incident of assault. Apparently, there was a free fight where both groups sustained injuries.

2. In the present police case police filed charge sheet.

3. Injured suffered a grievous hurt of deep cut at the back of the scalp and two deep cut in front of the scalp as well as the abrasion on the right thigh.

4. Considering the fact that police filed charge sheet, the nature of the incident 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 will be released on bail upon furnishing a bond

of Rs.10,000/- (Rupees Ten Thousand) 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 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.)