Fulkali Bibi And ANR. v. State Of West Bengal

07.04.2025 Court No.28 Item No.11 tbsr Allowed CRM (A) 1117 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 read with Section 438 of the Code of Criminal Procedure, 1973 in connection with Khargram P.S. Case No.143 of 2024 dated 24.04.2024 under Sections 341/325/307/34 of the Indian Penal Code.

And In the matter of: Fulkali Bibi & Anr.

....Petitioners.

Mr. Manas Kumar Das Mr. Aritra Kumar Thokdar ...for the petitioners.

Mrs. Manisha Sharma Mrs. Nahid Ahmed .....for State Learned counsel appearing on behalf of the petitioners submits as follows. There was a free fight between two groups of neighbours regarding a land dispute. The petitioners also filed a complaint before the police authorities. But, the same was not registered as an FIR. Charge sheet has been submitted.

Learned counsel appearing on behalf of the State relies on the case diary, opposes the prayer for anticipatory bail and submits as follows. There are injury reports and statements available in the case diary. However, none of the reports indicate that the injuries were grievous in nature.

Considering the materials available in the case diary and the fact that charge sheet has already been submitted, I am inclined to allow the application for anticipatory bail.

Accordingly, I direct that in the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- 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 BNSS, 2023 and on further condition that the petitioners shall not threaten the witnesses and shall stay outside the jurisdiction of Khargram Police Station for a period of four weeks from this date, except for attending Court or meeting the investigation officer.

The application for anticipatory bail is, thus, allowed. (Jay Sengupta, J.)