Mastara And ORS. v. State Of West Bengal
05.05.2025 SL.33 Ct.No.28 NB CRM (A) 1435 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 Harishchandrapur P.S. Case No.879 of 2021 dated 28.11.2021 under Sections 363/365/34 of the Indian Penal Code before the learned Additional Chief Judicial Magistrate, Chanchal at Malda. And In the matter of: Mastara & Ors. ....petitioners Mr. Asfak Ahammad.
...for the petitioners.
Ms. Sreyashree Biswas, Ms. Manasi Roy.
...for the State.
Learned counsel appearing on behalf of the petitioners submits as follows. The petitioners are the relatives of the minor principal accused. The minor principal accused was granted bail. Learned counsel appearing on behalf of the State submits as follows. The investigation is still going on. Although, the petitioners' names appeared in the statements of other witnesses, the victim has not taken their names, specifically in the statement recorded before the learned Magistrate. The petitioners are absconding for about three years.
In view of the nature of allegations and the alleged roles ascribed to the present petitioners, I do not think that custodial interrogation of the petitioners are required in this case 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 and the petitioner no.3 shall meet the Investigating Officer once a fortnight till submission of report in final form.
The application for anticipatory bail being CRM(A) 1435 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.)