Chandan Bagdi And ANR. v. State Of West Bengal
06.05.2025 SL.14 Ct.No.28 NB CRM (A) 1377 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 Burwan P.S. Case No.374 of 2024 dated 12.08.2024 under Sections 85/117(2)/118(2)/109 of the Bharatiya Nyaya Sanhita, 2023 pending before the learned Additional Chief Judicial Magistrate at Kandi, Murshidabad.
And In the matter of : Chandan Bagdi & Anr.
petitioners Mr. Manas Kumar Das.
...for the petitioners.
Mr. Mobaidur Hossain ...for the de facto complainant.
Mr. Bidyut Kumar Ray, Ms. Sudesna Das.
...for the State.
Vakalatnama filed on behalf of the de facto complainant/wife is taken on record.
Learned counsel appearing on behalf of the petitioners submits as follows. The petitioner no.1 is the husband and the petitioner no.2 is the brother in law of the alleged victim/de facto complainant. There were some misunderstandings that might have taken place between the couple. Those have been settled now. At present, both are staying together and leading a happy conjugal life.
Learned counsel appearing on behalf of the de facto complainant/wife submits, upon instructions, that the disputes that had
led to the registration of the FIR have been settled between the private parties and the husband and wife are staying together. Learned counsel appearing on behalf of the State refers to the injury report and other statements present in the case diary. In view of the submissions advanced on behalf of the petitioners and the wife/de facto complainant that the two are residing happily together and the fact that the charge sheet is submitted, I am inclined to grant anticipatory bail to the petitioners. Accordingly, in the event of arrest, the petitioners 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 Arresting Officer and subject to the conditions as laid down under Section 438 of the Code of Criminal Procedure, corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita and on further condition not to threaten or intimidate witnesses and to cooperate with the investigation. The application for anticipatory bail being CRM(A) 1377 of 2025 is, thus, allowed.
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.)