Brojen Mondal @ Mondal And ORS. v. State Of West Bengal

30.05.2025 (D/L 10) Ct. No.5 Allowed (SKB) CALCUTTA HIGH COURT CRIMINAL MISCFELLANEOUS JURISDICTION APPELLATE SIDE CRM (A) 1804 of 2025 In Re:- An application for anticipatory bail under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023, in connection with Tehatta P.S. Case No. 357 of 2025 dated 14.05.2025 under Sections 109/115(2)/ 118(2)/3(5)/324(4)/329(3)/74 of the Bharatiya Nyaya Sanhita, 2023 pending before the learned A.C.J.M., Tehatta, Nadia.

And In the matter of : Brojen Mondal @ Mondol and others ... Petitioners Mr. Soumyajit Mahapatra, Mr. Amanul Islam ... for the Petitioners Mr. Saibal Bapuli, ld. APP, Ms. Jonaki Saha ... for the State 1.

This is an application for anticipatory bail under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023, in connection with Tehatta P.S. Case No. 357 of 2025 dated 14.05.2025 under Sections 109/115(2)/ 118(2)/3(5)/324(4)/329(3)/74 of the Bharatiya Nyaya Sanhita, 2023.

2.

Heard the submissions of the learned counsel for the petitioners as well as the learned counsel for the State. 3.

Having considered the submissions of the learned advocates for the parties and also considering the materials on record, this court finds that the injury report did not corroborate with the statements under

Section 180 of the B.N.S.S. as well as the statement of the complainant. Therefore, it is a fit case for granting anticipatory bail to the petitioners.

4.

The learned advocate for the State has opposed the prayer for anticipatory bail.

5.

Accordingly, it is directed that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/-(Rupees ten thousand only) each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer and subject to the conditions as laid down under Section 482(2) of the B.N.S.S., 2023 and on further condition that the petitioners shall cooperate with the investigation and shall not intimidate witnesses or tamper with evidence in any manner whatsoever. They shall meet the Investigating Officer of the concerned police station once in a month until further orders.

6.

In the event, the petitioners fail to comply with the aforesaid directions without any justifiable cause, the learned Trial Court shall be at liberty to cancel the bail without any further reference to this Court.

7.

Accordingly, the prayer for the anticipatory bail is allowed.

8.

The application being CRM (A) 1804 of 2025 is disposed of.

(Ananya Bandyopadhyay, J.)