Abhijit Mondal And ORS. v. State Of West Bengal

08.06.2026 Sl. No.23 Ct. 28 NB C.R.M (A) 1385 of 2026 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 Mohanpur PS Case No.73/2026 dated 12.04.2026 under Sections 117(2)/118(2)/126(2)/351(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023.

And In the matter of: Abhijit Mondal & Ors.

... petitioners Mr. Malay Bhattacharya, Mr. Subhrajyoti Ghosh, Mr. Subrata Maity.

...for the petitioners.

Mr. Krishnendu Bhattacharya, Mr. Sankalpa Bhattacharjee.

...for the State.

Learned counsel appearing on behalf of the petitioner submits as follows. The petitioners have already cooperated with the investigation. It has been alleged that the victim was attacked by two persons riding motorbike. None could be apprehended. It is merely suspected that the petitioners are behind the attack. Learned Additional Public Prosecutor representing the State relies on the case diary and opposes the prayer for anticipatory bail. He refers to the statements of witnesses and the injury reports. However, the petitioners could not be identified as the assailants, as of now.

Considering the above and the other materials available in the case diary, I do not think that custodial interrogation of the petitioners is required in this case and 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 that the petitioners shall cooperate with the investigation and shall not threaten or intimidate witnesses or tamper with evidence in any manner whatsoever and the petitioner nos.1 and 3 shall meet the Investigating Officer once a week till submission of report in final form. The application for anticipatory bail is, thus, disposed of. 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.)