Calcutta High CourtCRM (A)/1168/2025allowed

Akhil Pramanik And ORS. v. State Of West Bengal

2025-04-11Hon'Ble Justice Jay Sengupta2 pages

AD 18 April 11, 2025 Ct. 28 SG CRM(A) 1168 of 2025 Allowed An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Palashipara P.S. Case No.113 of 2025 dated 13.03.2025 under Sections 109/115(2)/117(2)/126(2)/351(2)/352/3(5) of the BNS, 2023.

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

Ms. Sukanya Bhattacharya Ms. Ayana Dey ... for the State Learned counsel appearing for the petitioners submits as follows. There was a scuffle between two groups of persons over a bicycle. There are case and counter-case. The petitioners' case was registered first. Injuries were suffered by both sides.

Learned counsel for the State opposes the prayer for anticipatory bail and points to the injury report. The injury inflict does not appear to be grievous.

Considering the materials available in the case diary and the fact that there are case and counter-case, I do not think that custodial interrogation of the petitioners is required in this case.

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 week till submission of report in final form, the petitioners shall not threaten or intimidate witnesses and the petitioners shall stay outside the jurisdiction of Palashipara Police Station for a period of six months from this date except for meeting the investigating officer of the case or attending the jurisdiction report.

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