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Calcutta High CourtCRM (A)/1750/2025allowed

Naimul @ Naimul Hoque And ANR. v. State Of West Bengal

2025-06-30Hon'Ble Justice Jay Sengupta2 pages

30.06.2025 Court No.28 Item No.36 ssi CRM (A) 1750 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Suraksha Nagarik Sanhita in connection with Harishchandrapur PS Case No.139 of 2025 dated 17.02.2025 under Sections 126 (2)/117(2)/118(2)/109/351 (2)/3(5) of the BNS 2023. And In the matter of: Naimul @ Naimul Hoque & another. ....Applicants/Petitioners.

Ms. Minoti Gomes Mr. Asfak Ahammed ...for the petitioners Ms. Sukanya Bhattacharya Ms. Sreetama Das ..for the State Leave is granted to correct the cause title.

Learned counsel appearing on behalf of the petitioners submits as follows. The petitioners are not the prime accused in this case. The present case is fallout of a dispute between neighbours. There are case and counter case. Charge sheet has been submitted in this case. Learned counsel appearing on behalf of the State relies on the case diary and submits as follows. Although a minor child was assaulted, the injury report suggests that injury was simple in nature. It is alleged that one Aktara Bibi gave the said blow. Considering the materials available in the case diary and the roles attributed to the present petitioners, while I am inclined to grant anticipatory bail to the petitioners, their movements will be restricted for a limited period.

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 the Arresting Officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the BNSS, 2023 and on further conditions that the petitioners shall not threaten or intimidate witnesses. The petitioners shall stay outside the jurisdiction of Harishchandrapur Police Station for a period of four months from this date, except for attending Court or meeting the Investigating Officer. The application for anticipatory bail is, thus, disposed of. (Jay Sengupta, J.)