Mukbul Sekh And Another v. State Of West Bengal

21.03.2025 Serial no. 17 Anticipatory Bail [Allowed] Dd CRM (A) 981 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 Krishnagar Kotwali Police Station Case No. 136 of 2025 dated 05.02.2025 under Sections 126(2)/117(2)/118(2)/109/74/3(5) of the Bharatiya Nyaya Sanhita, 2023 pending before Learned CJM, Krishnagar, Nadia. -AndIn the matter of : MUKBUL SEKH AND ANR.

... ... Petitioners Mr. Snehansu Majumder, Advocate ... ... For the Petitioners Ms. Anasuya Sinha, APP Ms. Snueni Banerjee,, Advocate ... ...For the State

1. Petitioners pray for anticipatory bail.

2. Learned advocate appearing for the petitioners submits that, there was free fight between the family members of brothers where her client also suffered injuries. There is a counter police complaint also.

3. Some persons suffered injuries so far as the police case is concerned. One of the injured suffered fracture of the wrist. Such injured named a person who caused such fracture to him. Such co-accused was granted anticipatory bail by the jurisdictional Court.

4. So far as the present petitioners are concerned, apparently the person who suffered grievous hurt does not attribute any active role to the petitioners causing such grievous hurt to him.

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

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

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

8. CRM (A) 981 of 2025 is disposed of.

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