Waquar Nasim @ Waqar Nasim @ Waker Nasim v. State Of West Bengal
05.05.2025 SL.37 Ct.No.28 NB CRM (A) 1439 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 Lake Town P.S. Case No.128 of 2022 dated 06.06.2022 under Sections 498A/406/323/307/34 of the Indian Penal Code before the learned Additional Chief Judicial Magistrate, Bidhannagar. And In the matter of: Waquar Nasim @ Waqar Nasim @ Waker Nasim ....petitioner Mr. Anirban Dutta, Mr. Ayan Mondal.
...for the petitioner.
Ms. Sonali Das, Ms. Kanchan Roy.
...for the State.
Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is the husband of the alleged victim. Earlier, all other in laws were granted anticipatory bail by the learned Sessions Court. In fact, the petitioner was also granted interim anticipatory bail by the learned Sessions Court. But, on the date fixed for appearance, the petitioner could not appear and the interim order was not confirmed. Incidentally, the wife had filed two compromise applications before the learned Trial Court. In the joint compromise application filed before this Court, due to some miscommunication, certain things were not properly presented. Accordingly, the revisional application was dismissed. However, there is no ingredient of Section 307 of the Penal Code as would be evident from a plain reading of the First InformationReport.
Learned counsel appearing on behalf of the State submits that the case is of 2022. She opposes the prayer for anticipatory bail. In view of the nature of allegations and the materials available in the case diary and the fact that charge sheet has been submitted, I am inclined to grant anticipatory bail to the petitioner. Accordingly, in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- 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 attend the jurisdictional Court on the dates fixed. The application for anticipatory bail being CRM(A) 1439 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.)