Shankar Chakraborty v. State Of West Bengal

21.05.2025 In the High Court at Calcutta Criminal Miscellaneous Jurisdiction Appellate Side Item No.DL46 Court No. 28 Asraf, AR(Ct.) ALLOWED Case No.

CRM (A) 1680 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 filed in connection with Kalyani Police Station case no.368 of 2025 dated 18.04.2025 under Sections 126(2), 115(2), 118(2), 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

-ANDIn the matter of :

SHANKAR CHAKRABORTY ......Petitioner For the Petitioner :

Mr. Sumanta Das Mr. Abhilash Tripathi Mrs. Suman Biswas .....Advocates For the State :

Mr. Aniket Mitra Mr. Akash Ganguly .....Advocates Learned counsel appearing on behalf of the petitioner submits as follows. There was a sudden fight between two groups of persons. Also there are case and counter-case. Injuries were suffered by both sides.

Learned counsel appearing on behalf of the State refers to the case diary, particularly to the statements of eye-witnesses and the injury report. The injury report does not show any grievous injury and the assault was done by the prime accused who is the son of the present petitioner.

Considering the materials available in the case diary and the alleged role ascribed to the present petitioner, I am inclined to allow this application for anticipatory bail. Accordingly, 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 the Arresting Officer and subject to the conditions as laid down under Section of the Code of Criminal Procedure, corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and on further condition that he shall cooperate with the investigation and shall meet the Investigation Officer of the case as and when required and he shall not threaten or intimidate witnesses or tamper with evidence in any manner whatsoever.

The application for anticipatory bail being CRM (A) 1680 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. )