Abdul Hai v. State Of West Bengal

23/04/2025 D/L 47 Ct. No.28 S.Kundu C.R.M.(A) 1300 of 2025 Allowed In Re:- An application for anticipatory bail under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023/under Section 438 of the Code of Criminal Procedure. In connection with Pukhuria Police station case no. 720 of 2024 dated 26.12.2024, GR No. 3760 of 2024 under Sections 126(2)/115(2)/117(2)/118(2)/109/3(5) of the BNS, 2023.

In the matter of: Abdul Hai ... Petitioner Mr. M. Alam Sk.

...for the petitioner.

Mr. Binoy Kr. Panda Mr. Asraf Mondal ...for the State.

1. Learned counsel appearing on behalf of the petitioner submits as follows. The main accused has already been granted bail. The petitioner is aged about 80 years.

2. Learned counsel appearing on behalf of the State relies on the case diary and points to the statement of the injured. According to such statement, upon instigation of the present petitioner, the prime accused gave a blow to the injured brother.

3. Considering the nature of allegation and the role ascribed to the present petitioner, I do not find that custodial interrogation of the petitioner is required in this case.

4. In the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- 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 further conditions that the petitioner shall cooperate with the investigation, shall meet the I.O as and when required and shall not threaten or intimidate witnesses.

5. Accordingly, the application for anticipatory bail is allowed.

6. Urgent Photostat certified copy of this order, if applied for, be given to the parties upon compliance with requisite formalities.

(Jay Sengupta, J.)