Halim Dalal And ORS. v. State Of West Bengal And ANR

05.05.2025 Court No.28 Item No.52 tbsr Allowed CRM (A) 1454 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Bankura Woman P.S. Case No.29 of 2025 dated 21.03.2025 under Sections 329(4)/117(2)/118(2)/351(2)(3)/76/79/3(5) of the Bharatiya Nyaya Sanhita 2023 section 8 of the Protection of Act, 2012.

And In the matter of: Halim Dalal & Ors.

....Petitioners.

Mr. Soumik Ganguli Ms. Chandana Chakraborty ...for the petitioners.

Mr. Binoy Kumar Panda Mr. Bikram Mitra .....for the State.

Affidavit of service filed on behalf of the petitioners is taken on record.

Learned counsel appearing on behalf of the petitioners submits as follows. There was an altercation that ensued between two groups of neighbours. The petitioners were in fact assaulted. A number of victims received injuries. As a result, an FIR was lodged from their side. After about six days from the date of incident and as a counter blast, the present de facto complainant lodged the instant FIR.

Learned counsel appearing on behalf of the State relies on the case diary and points to the injury reports and the statements of the victim and other witnesses.

Considering the nature of allegations and the fact that there are case and counter case, I do not think that custodial interrogation of the petitioners would be required in this case. 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 the Arresting Officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the BNSS, 2023 and on further condition that the petitioners shall cooperate with the investigation and shall meet the I.O. once a fortnight till submission of report in final form and shall not threaten or intimidate witnesses.

The application for anticipatory bail is, thus, allowed. Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for. (Jay Sengupta, J.)