Nur Salam @ Nursalam Mondal ANR. v. State Of West Bengal

05.06.2025 Item No.44 Court No.6 rrc/ ss (Allowed)

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION C.R.M.(A) 1809 of 2025 In re : An Application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Chakdah Police Station Case No.508 of 2025 dated 23rd May, 2025 under Sections 126(2)/117(2)/110/351(3)/76/3(5) of Bharatiya Nyaya Sanhita, 2023 corresponding to Serial No.1337 of 2025. -AndIn the matter of : Nur Salam @ Nursalam Mondal & anr. ... Petitioners Mr. Shibaji Kr. Das Mr. Dipendu Sarkar Ms. Sharmistha Das ...for the petitioners Md. Adil Badr Mr. Prakash Mishra ... for the State , Ms. Hasi Jana ... for the de facto complainant Learned Advocate for the petitioners, the learned Advocate for the State and the learned Advocate for the de facto complainant are present.

Heard learned Advocates for the parties.

Perused the case diary and the materials on record. Learned Advocate for the petitioners submits that it is a family dispute and the allegation made against the petitioners is not maintainable.

Learned Advocate for the State objects such prayer for anticipatory bail and the learned Advocate for the de facto complainant submits that he has no objection if the anticipatory bail is granted to the petitioners.

Upon hearing the learned Advocates for the parties and considering the materials in the case diary and the nature of offence, this Court is of the view that custodial interrogation of the petitioners is not required.

Thus, the petitioners should be granted anticipatory bail. Thus, I allow the prayer for anticipatory made by the petitioners.

The petitioners in the event of arrest be released on bail upon furnishing a bond of Rs.10,000/- (Rupees ten thousand) each, with two sureties of like amount each, one of whom must be a local, subject to the satisfaction of the Arresting Officer. The petitioners upon being released shall meet the Investigating Officer as and when called for and shall not do any act prejudicial to the investigation and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 with further condition that the petitioners shall attend the learned trial court on all the dates, as specified for hearing.

The petitioners shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever. It is made clear that in the event the petitioners fail to comply with the aforesaid directions without any justifiable cause, the learned trial court would be at liberty to cancel their bail without any further reference to this Court. Accordingly, the application for anticipatory bail is disposed of.

(Biswaroop Chowdhury, J.)