Calcutta High CourtCRM (A)/1146/2025partly allowed

Bidur Mandal And ANR. v. State Of West Bengal

2025-04-09Hon'Ble Justice Jay Sengupta2 pages

09.04.2025 Court No.28 Item No.11 tbsr Partly Allowed CRM (A) 1146 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Khejuri P.S. Case No.14 of 2025 dated 13.01.2025 under Sections 115(1)/118(2)/126(2)/3(5)/351(2)/351(3) of the Bharatiya Naya Sanhita, 2023.

And In the matter of: Bidur Mandal & Anr.

....Petitioners.

Mr. Ashok Das Ms. Ayana Dey Ms. Hasi Jana ...for the petitioners.

Mr. Sujan Chatterjee .....for State Learned counsel appearing on behalf of the petitioners submits as follows. The petitioners are the neighbours of the de facto complainant. They have been falsely implicated in this case out of previous grudge.

Learned counsel for the State submits that an injury was inflicted with a knife. Statements of witnesses including that of the victim would show that the petitioner no. 1 gave the blow with the knife. Considering the materials available in the case diary and the fact that investigation is going on, I am not inclined to grant anticipatory bail to the petitioner no. 1, Bidur Mandal. Accordingly, his application for anticipatory bail is rejected. However, in the event of arrest, the petitioner No. 2, Prakash Chandra Mandal @ Prakash Mandal shall be released on bail upon furnishing a bond of Rs.10,000/- 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 petitioner No. 2 shall meet the investigating officer of the case once a week till the submission of a report in final form and shall not threaten or intimidate witnesses.

Accordingly, the prayer for anticipatory bail of the petitioner no. 2 is allowed and the prayer for anticipatory bail of the petitioner no. 1 stands rejected and the application is accordingly disposed of. (Jay Sengupta, J.)