Subas Mondal v. State Of West Bengal

30.06.2025 Sl. No.44 Ct. 28 NB C.R.M. (A) 1767 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 Jetia P.S. Case No.182 of 2024 dated 11.11.2024 under Sections 103(1)/238/3(5)/61(2)(a) of the Bharatiya Nyay Sanhita, 2023. And In the matter of : Subas Mondal ... petitioner Mr. Snehansu Majumder.

...for the petitioner.

Mr. Iqbal Kabir, Mr. Parvej Anam.

...for the State.

Learned counsel appearing on behalf of the petitioner submits that the petitioner was not named in the FIR although several others were specifically named.

Learned counsel appearing on behalf of the State relies on the case diary and points to the statements of witnesses including that of an independent post occurrence witness at page 230 of the case diary and that of an eyewitness present at page 415 of the case diary.

Considering the serious nature of allegations and the incriminating materials available in the case diary, more particularly, the statements of an eyewitness and a post occurrence witness, I am not inclined to grant anticipatory bail to the petitioner. The application for anticipatory bail being C.R.M. (A) 1767 of 2025 is, thus, rejected.

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.)