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Calcutta High CourtCRM (A)/1037/2025allowed

Kamaluddin Sk @ Kamal Sk v. The State Of West Bengal

2025-03-27Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

27.03.2025 Serial no. 69 (Anticipatory bail) (Allowed) ( Dd ) CRM (A) 1037 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 Kaliganj Police Station Case No.

of dated 21.01.2025 under Sections 329(4)/115(2)/117(2)/109/74/3(5) of Bharatiya Nyaya Sanhita, 2023 pending before Ld. ACJM, Krishnagar, Nadia. -AndIn the matter of : KAMALUDDIN SK @ KAMAL SK ... ... Petitioner Ms. Karaabi Roy, Advocate ... ... For the Petitioner Ms. Minoti Gomes, Mr. Bikram Mitra, Advocate ... ...For the State

1. There is a counter police compliant.

2. Apparently, an incident of assault took place where, the injured did not suffer any grievous hurt. It is claimed by the victim before the doctor that he suffered physical assault.

3. Considering the nature of the incident, the injury suffered and the materials in the case diary, we are inclined to grant anticipatory bail to the petitioner.

4. 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.

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

6. CRM (A) 1037 of 2025 is disposed of.

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