Tulsi Pitari And ANR. v. State Of West Bengal

10.04.2025.

27.

Ct. No. 28 PRITAM [ALLOWED Partly] C. R. M. (A) 1162 of 2025 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Patashpur Police Station Case No.43 of 2025 dated 18.01.2025 under Sections 109/115(2)/117(2)/118(2)/126(2)/3(5)/351(3) of the BNS, 2023.

And In Re: Tulsi Pitari & Anr.

... ... petitioners.

Mr. Mazhar Hossain Chowdhury .... for the petitioners.

Mr. Md. Anwar Hossain, Mr. Debnath Das .... for the State.

1.

Learned advocate appearing on behalf of the petitioners submits as follows. There is a civil dispute pending between the private respondents who are relatives. In fact, a title suit has been filed, which is pending. The petitioners have been falsely implicated in this case.

2.

Learned advocate appearing on behalf of the State relies on the statements of the injured witnesses and other independent witnesses as well as the injury report and opposes the prayer for bail.

3.

In view of the fact that a deep lacerated injury was allegedly inflicted on the head of the victim, the role ascribed to the petitioner no. 1 and the fact that investigation is still going on, I am not inclined to grant anticipatory bail to the petitioner no.1.

4.

Accordingly, application for anticipatory bail is rejected so far as the petitioner no.1 is concerned.

5.

However, I direct that in the event of arrest, the petitioner no.2 viz., Namita Pitari be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like amount each, to the satisfaction of the Arresting Officer and also subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The petitioner shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever.

6.

The application for anticipatory bail being CRM (A) 1162 of 2025 is, thus, disposed of.

(Jay Sengupta, J.)