Mahimuddin v. State Of West Bengal

09.07.2025 Court No.28 Item No.22 ssi CRM (A) 1792 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Suraksha Nagarik Sanhita in connection with Chopra PS Case No.135 of dated 12.02.2025 under Sections 221/132/121(2)/109/3(5) of the BNS.

And In the matter of: Mahimuddin ....Applicant/Petitioner.

Mr. Amit Roy ...for the petitioner Mr. Rana Mukherjee Ms. Sonali Bhar ..for the State Learned counsel appearing on behalf of the petitioner submits that the petitioner has been falsely implicated in this case due to political rivalry. Although the FIR was registered only on 12.02.2025 and the petitioner filed an application for anticipatory bail before this Court on 20.05.2025, soon thereafter, proclamation was issued on 06.06.2025.

Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail, relies on the case diary and points to the injury report of a victim.

As the proclamation was issued after the petitioner had approached this Court with an application for anticipatory bail, the subsequent issuance of proclamation would not come in the way of entertaining this application for anticipatory bail.

Considering the materials available in the case diary, I do not think that custodial interrogation of the petitioner is required in this case and I am inclined to grant anticipatory bail to the petitioner. In the event of arrest, 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 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 petitioner shall not threaten or intimidate witnesses and shall cooperate with investigation. The petitioner shall meet the I.O. once a fortnight till submission of report in final form. The application for anticipatory bail is, thus, disposed of. (Jay Sengupta, J.)