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Calcutta High CourtCRM (A)/1020/2025allowed

Hari Dey @ Rudra Hari Dey And ORS. v. State Of West Bengal

2025-03-26Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

D/L20 26.03.2025 Rohit ct.no.26 C.R.M. (A) 1020 of 2025 In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973/ under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Bharatpur Police Station Case No. 258 of 2024 dated 26.09.2024 under Sections 126(2)/117(2)/118(2)/74/109/3(5) of the Bharatiya Nyaya Sanhita, 2023.

And In Re: 1. Hari Dey @ Rudra Hari Dey

2. Sunil Dey @ Braja Gopal

3. Anil Dey

4. Prosad Dey @ Ganga Prasad De

5. Somnath Dey @ Somnath De

...Petitioners

Mr. Kallol Kumar Basu Md. Jannat Ul Firdous ...for the petitioner Ms. Baisali Basu Ms. Srilekha Chattopadhyay ...for the State 1.

Police filed charge-sheet.

2.

An incident of assault took place between two parties where four persons suffered injury in such incident of assault one of whom suffered an injury over the scalp and was administered four stitches. 3.

Considering the nature of the incident, the involvement of the petitioners therein and the fact police filed charge-sheet, we grant anticipatory bail to the petitioners.

4.

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 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 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.

5.

This application for anticipatory bail is, thus, allowed.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)