Raj Kumar Sadhukhan And ORS. v. State Of West Bengal

08.04.2025 Sl. No.14 Ct. 28 Reject NB C.R.M. (A) 1129 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 Chakdaha P.S. Case No.224 of 2025 dated 09.03.2025 under Sections 126(2)/117(2)/3(5) of the Bharatiya Nyay Sanhita, 2023 adding Section 123 of the Bharatiya Nyay Sanhita, 2023 pending before the learned Additional Chief Judicial Magistrate, Kalyani, Nadia.

In the matter of : Raj Kumar Sadhukhan & Ors. ... petitioners Ms. Minati Gomes, Ms. Shanta Sarkar.

...for the petitioners.

Mr. S. S. Iman, Ms. Suchismita Dutta.

...for the State.

Learned counsel appearing on behalf of the petitioners submits as follows. Although the instant case was lodged first, an incident of outraging of modesty took place earlier. A case was then registered against the alleged victim of this case. The present petitioners have been falsely implicated in the instant case. Learned counsel appearing on behalf of the State relies on the victim's statement recorded before the learned Magistrate and the injury report and submits that not only did the accused beat up the petitioners, they also administered some kind of herbicide. There was injury on the scalp. The other accused have been arrested. But, the present petitioners are absconding. Investigation is going on.

Considering the materials available in the case diary against the present petitioners, I find that this is not a fit case to grant anticipatory bail.

The application for anticipatory bail being CRM(A) 1129 of 2025 is, thus, rejected.

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.)