Kali Kumar Sarkar And ANR. v. State Of West Bengal

22.05.2025 SL.49 Ct.No.28 NB CRM (A) 1724 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 Karimpur P.S. Case No.92 dated 13.05.2025 under Sections 126(2)/115(2)/117(2)/109/3(5) of the BNS, 2023 pending before the learned Additional Chief Judicial Magistrate at Tehatta, Nadia. And In the matter of: Kali Kumar Sarkar & Anr.

....petitioners Mr. Ayan Bhattacharyya, ld.Sr.Adv., Mr. Santanu Talukdar, Mr. Priyankar Ganguly, Ms. Salini Bairagi.

...for the petitioners.

Md. Anwar Hossain, Ms. Nahid Ahmed.

...for the State.

Considering the materials available in the case diary and the nature of injury inflicted and the fact that there are case and counter case, I do not think that custodial interrogation of the petitioners are required in this case. Accordingly, I am inclined to grant anticipatory bail to the present 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 petitioners shall meet the Investigating Officer once a week till submission of the report in final form.

The application for anticipatory bail being CRM (A) 1724 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.)