Deluwar Hossain @ Deluwar Hossain Sk v. State Of West Bengal
07.04.2025 Sl. No.05 Ct. 28 Allowed NB C.R.M. (A) 1111 of 2025 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Rejinagar P.S. Case No.09 of 2025 dated 15.01.2025 corresponding to GR Case No.255/2025 under Sections 498A/323/307/354/34 of the Indian Penal Code and 3⁄4 of the DP Act pending before the Chief Judicial Magistrate, Murshidabad. In the matter of : Deluwar Hossain @ Deluwar Hossain Sk. ... Petitioner.
Mr. Raju Mondal.
...for the petitioner.
Mr. Sandip Chakraborty, Mr. Sachit Talukdar.
...for the State.
Learned counsel appearing on behalf of the petitioner submits as follows. The marriage between the petitioner and the victim took place in 2023. Although, it is alleged that a major assault was done on 02.02.2024, the FIR was lodged only on 15.01.2025. Charge sheet has already been submitted. The other accused are on anticipatory bail.
Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail, relies on the case diary and submits as follows. Injury report shows a simple injury. But, there are statements of witnesses for an earlier attempt to murder in the year 2024.
In view of the nature of allegations, the materials available in the case diary, the fact that the charge sheet has already been
provided and other accused were granted anticipatory bail, I am inclined to grant anticipatory bail to the present petitioner. In the event of arrest, the petitioner shall be released upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only) each, with two sureties of like amount each, one of whom must be local, 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 he shall not threaten or harass witnesses including the complainant and shall meet with the Investigating Officer once a fortnight for three months and to stay outside the jurisdiction of Rejinagar Police Station for three months except for the purpose of meeting the Investigating Officer or attending the jurisdictional Court.
The application for anticipatory bail being CRM(A) 1111 of 2025 is, thus, allowed.
Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities.
(Jay Sengupta, J.)