Bikash Mandal v. State Of West Bengal

20.03.2025 Serial no. 45 (Anticipatory bail) (Allowed) ( Dd ) CRM (A) 965 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 Kaliachak Police Station Case No. 228 of 2025 dated 15.02.2025 under Sections 329(4)/117(2)/118(2)/109/3(5) of Bharatiya Nyaya Sanhita, 2023 pending before Ld. CJM, Malda -AndIn the matter of : BIKASH MANDAL ... ... Petitioner Mr. A. K. Bhowmick, Mr. A. Bhowmick , Advocates ... ... For the Petitioner Mr. Soumik Ganguly, Mr. Sona Naaz, Advocates ... ...For the State

1. There is a cut injury on the head of the injured allegedly caused by a sharp cutting weapon.

2. Nature of injury is not classified as grievous hurt.

3. Apparently, an incident of assault took place amongst the siblings over property disputes.

4. Police filed charge sheet.

5. Considering the nature of the incident, involvement of the petitioner therein and the fact that police filed charge sheet, 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 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) 965 of 2025 is disposed of.

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