Nilesh Biswas And ORS. v. State Of West Bengal

AD 17 April 11, 2025 Ct. 28 SG CRM(A) 1167 of 2025 Allowed An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Hogalberia P.S. Case No.82 of 2025 dated 17.03.2025 under Sections 115(2)/117(2)/118(2)/329(4)/3(5) of the BNS, 2023.

And In the matter of: Nilesh Biswas and others ... petitioners Mr. Amanul Islam Mr. Sourav Mukherjee ... for the petitioners.

Mr. Shiladitya Banerjee Mr. Dipankar Paramanick ... for the State Learned counsel appearing for the petitioners submits as follows. The alleged victim is the father-in-law of the petitioner No.2. There are case and counter-case. A scuffle took place between two parties, but no serious injury was inflicted.

Learned counsel for the State relies on the case diary and points to the injury report and the statements of witnesses. In view of the fact that the injury inflicted was simple and there are case and counter-case, I do not think that this is a fit case for custodial interrogation.

In the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- (rupees ten

thousand) 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 the further conditions that the petitioners shall meet the investigating officer of the case once a fortnight till submission of report in final form that the petitioners shall not threaten or intimidate witnesses.

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