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Calcutta High CourtCRM (A)/987/2025allowed

Sekh Yasin @ Sk Yasin v. State Of West Bengal

2025-03-24Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Smita Das De2 pages

24.03.2025 Serial no. 13 (Anticipatory bail) (Allowed) ( Dd ) CRM (A) 987 of 2025 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Panrui Police Station Case No. 07 of 2025 dated 08.01.2025 under Sections 118(1)/118(2)/109/351(2)/3(5) of Bharatiya Nyaya Sanhita, 2023 pending before Ld. CJM, Suri, Birbhum.

-AndIn the matter of : SEKH YASIN @ SK. YASIN ... ... Petitioner Mr. Shamik Bagchi, Mr. Rahan Shaw, Advocates ... ... For the Petitioner Mr. Bitashok Banerjee, Mr. Aritra Bhattacharya, Advocates ... ...For the State

1. Petitioner prays for anticipatory bail.

2. Apparently in an incident of assault, the injured suffered fracture in the forearm and on the head.

3. Victim recorded a statement under Section 180 of the BNSS, 2023 where he says that he was assaulted. In the assault, he fell down and sustained the injury.

4. Injuries sustained may be due to the victim falling down in an incident of assault.

5. In such circumstances, we are inclined to grant anticipatory bail to the petitioner.

6. 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 Bharatiya Nagarik Suraksha Sanhita, 2023 and on further condition that the petitioner shall report before the Investigating Officer once in a month till the conclusion of the investigation 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.

7. Prayer for anticipatory bail of the petitioner is allowed.

8. CRM (A) 987 of 2025 is disposed of.

(Debangsu Basak, J.) (Smita Das De, J.)