Budhu Modak @ Budda Modak @ Buddu Modak v. State Of West Bengal

30.04.2025 Sl. No.19 Ct. 28 NB C.R.M. (A) 1370 of 2025 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Bijpur P.S. Case No.116 of 2021 dated 30.03.2021 under Sections 447/305/307/506/34 of the Indian Penal Code.

And In the matter of : Budhu Modak @ Budda Modak @ Buddu Modak ... petitioner Ms. Juin Dutta Chakraborty, Mr. Bidan Modak, Ms. Arpita Kundu.

...for the petitioner.

Ms. Manisha Sharma, Mr. Manoranjan Mahata.

...for the State.

Leave is granted to amend the cause title.

Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner was away in Rajasthan for work at the relevant time. Four accused were subsequently charge sheeted. Three of them were granted bail.

Learned counsel appearing on behalf of the State submits as follows. The petitioner is one of the four accused who assaulted the victim lady and caused grievous injury including a fracture injury. She was admitted in a hospital for nine days. Eyewitnesses have taken the name of the present petitioner along with others. The other accused were granted bail upon surrender. Charge sheet was submitted way back in 2021.

Considering the incriminating materials available in the case diary, I do not find this to be a fit case for granting anticipatory bail to the petitioner.

The application for anticipatory bail being CRM(A) 1370 of 2025 is, thus, rejected.

Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities.

(Jay Sengupta, J.)