Bablu Sk And ANR. v. State Of West Bengal

20.05.2025 SL.41 Ct.No.28 NB CRM (A) 1611 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 Tehatta P.S. Case No.179 of 2025 dated 11.03.2025 under Sections 329(4)/117(2)/118(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023 pending before the learned Additional Chief Judicial Magistrate, Tehatta at Nadia.

And In the matter of: Bablu Sk. & Anr. .... Petitioners Mr. Ashok Das, Ms. Hasi Jana, Mr. Sourav Mukherjee, Mr. Shreyash Mondal.

...for the petitioners.

Mr. Aniket Mitra, Ms. Ayana De.

...for the State.

Learned counsel appearing on behalf of the petitioners submits as follows. Out of previous grudge, a scuffle ensued between the private parties. There are case and counter case. The petitioners' FIR was first in point of time. Injuries were received on both sides. Learned counsel appearing on behalf of the State relies on the case diary and submits as follows. There are statements of eye witnesses as well as of victims and the injury reports, which clearly points out the complicity of the present petitioners. The injury was inflicted with iron rod on the head of the victim. Considering the serious allegations and the materials available in the case diary, I am not inclined to grant anticipatory bail to the

petitioner no. 1 (Bablu Sk.) The application for anticipatory bail of the petitioner no.1 is rejected.

However, the prayer for anticipatory bail of the petitioner no.2 is allowed, as she is a female member of the family. Accordingly, in the event of arrest, the petitioner no.2 (Sona Bhanu Bibi) 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 cooperate with the investigation. The application for anticipatory bail being CRM(A) 1611 of 2025 is, thus, partly 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.)