Sahadul Mondal v. State Of West Bengal

30.06.2025 Court No.28 Item No. 71 tbsr Rejected CRM (A) 1835 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Joynagar P.S. Case No.54 of 2025 dated 18.01.2025 under Sections 329(3)/115(2)/117(2)/109/74/351(2)/3(5) of the Bharatiya Nyaya Sanhita, and charge sheet submitted under Sections 329(3)/115(2)/117(2)/103(1)/74/351(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023.

And In the matter of: Sahadul Mondal ....Petitioner.

Mr. Anshuman Chakraborty Mr. S. S. Saha ...for the petitioner.

Mr. Saibal Bapuli Ms. Puspita Saha .....for the State.

Learned counsel for the petitioner submits as follows. The petitioner is himself a victim of assault by the other side. He had to be treated medical treatment. His brother lodged an FIR which is the first in point of time. In the counter case, it was alleged that the victim received serious injuries. He was treated in a hospital and was discharged. After three days of returning home, he passed away and charge of murder was added. The petitioner is not the principal accused. Two other co-accused were granted bail after arrest. Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. She relies on the case diary and submits that the statements of eye-witnesses clearly refer to the present petitioner as one of the assailants.

Considering the incriminating materials available in the case diary, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the application for anticipatory bail is rejected. (Jay Sengupta, J.)