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Calcutta High CourtCRM (A)/1697/2025allowed

Gobinda Basak And ORS. v. State Of West Bengal

2025-05-22Hon'Ble Justice Jay Sengupta2 pages

22.05.2025 SL.27 Ct.No.28 NB CRM (A) 1697 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 Manikchak P.S. Case No.72 of 2025 dated 26.01.2025 under Sections 126(2)/115(2)/117(2)/109/3(5) of the BNS, 2023 pending before the learned Chief Judicial Magistrate, Malda. And In the matter of: Gobinda Basak & Ors.

....petitioners Mr. Musharraf Alam Sk.

...for the petitioners.

Ms. Sukanya Bhattacharya, Mr. Manoranjan Mahata.

...for the State.

Considering the nature of injury and the 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, 2023 and on further condition that the petitioners shall cooperate with the investigation and shall not threaten or intimidate witnesses or tamper with evidence. The petitioner nos.1, 2 and 4 shall

meet the Investigating Officer once a week till submission of report in final form.

The application for anticipatory bail being CRM (A) 1697 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.)