Kousik Kumar @ Kumar Kaushik And ORS. v. State Of West Bengal

01.07.2025 Sl. No.51 Ct. 28 NB C.R.M. (A) 1849 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 Haldia P.S. Case No.91 of 2025 dated 17.05.2025 under Sections 109/115(2)/117(2)/126(2)/3(5)/303(2)/351(3) of the Bharatiya Nyay Sanhita, 2023.

And In the matter of : Kousik Kumar @ Kumar Kaushik & Ors. ... petitioners Mr. Arnab Chatterjee, Mr. Abhinaba Mukherjee.

...for the petitioners.

Ms.Shaila Afrin, Ms. Dhanasree Biswas.

...for the State.

Mr. Sankar Paul, Kumari Shipra Ray.

...for the de facto complainant.

Learned counsel appearing on behalf of the petitioners submits that the scuffle had broken out between the petitioners who are 4th Semester students of an Institute of Engineering and the victims. No grievous injury was inflicted.

Learned counsel appearing on behalf of the de facto complainant strongly opposes the prayer for anticipatory bail and submits that the victim who was a student of 2nd year was subjected to severe ragging. He was badly beaten up by the accused. Learned counsel appearing on behalf of the State strongly opposes the prayer for anticipatory bail and refers to the case diary including the statements recorded and the injury report, which

shows that a serious injury was inflicted on the head of the victim, among other things. Four stitches had to be given. Considering the incriminating materials available in the case diary and the injury report contained in the case diary, I do not consider this to be a fit case for granting anticipatory bail to the petitioners.

The application for anticipatory bail being C.R.M. (A) 1849 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.)