Nashiruddin Sk @ Nasir Sk And ORS. v. State Of West Bengal

14.07.2025 Court No.28 Item No.48 tbsr Partly Allowed CRM (A) 1960 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Raghunathganj P.S. Case No.1553 of 2024 dated 01.12.2024 under Sections 85/80(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023. And In the matter of: Nashiruddin Sk. @ Nasir Sk. & Ors. ....Petitioners.

Mr. Usof Ali Dewan Mr. Asif Dewan ...for the petitioners.

Mr. Arijit Ganguly Ms. Madhumita Basak .....for State.

Learned counsel appearing on behalf of the petitioners submits as follows. The petitioners are the father-in-law, the mother-in-law and the brother-in-law of the victim deceased. The husband was arrested and is on bail at present. Charge sheet has been submitted. Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail and refers to the materials available in the case diary including the post mortem report, the statements of neighbours and other witnesses.

Considering the incrimination materials available in the case diary including the statements of neighbours, I am not inclined to grant anticipatory bail to the petitioner nos. 1 and 3. However, as the petitioner no. 2 is a female member of the family, her application for anticipatory bail is allowed.

The application for anticipatory bail of the petitioner nos. 1 and 3 is rejected.

Thus, in the event of arrest, the petitioner No. 2 shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the BNSS, 2023 and on further condition that the petitioner No. 2 shall not threaten or intimidate witnesses.

Accordingly, the application for anticipatory bail is disposed of. Urgent Photostat certified copy of this order be supplied to the parties, if applied for, as early as possible. (Jay Sengupta, J.)