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Calcutta High CourtCRM (A)/1970/2025partly allowed

Mojammel Hoque @ Mojabel And ORS. v. State Of West Bengal

2025-07-04Hon'Ble Justice Jay Sengupta2 pages

04.07.2025 Court No.28 Item No.72 tbsr Partly Allowed CRM (A) 1970 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Gazole P.S. Case No.166 of 2025 dated 20.02.2025 under Sections 329(3)/115(2)/117(2)/109/351(3)/3(5) of the Bharatiya Nyaya Sanhita, 2023.

And In the matter of: Mojammel Haque @ Mojabel & Ors. ....Petitioners.

Mr. Arup Kumar Bhowmick ...for the petitioners.

Ms. Sujata Das Ms. Pallavi Priyadarshee .....for State.

Heard the learned counsels for the parties.

Perused the case diary.

It appears that there are case and counter case. Both sides received injuries including fracture injuries. Considering materials available in the case diary and the alleged roles ascribed to each of the petitioners and the fact that the petitioner nos. 2, 3 and 4 are female members of the family while I am inclined to grant anticipatory bail to the petitioner nos. 2, 3 and 4, the application for anticipatory bail of the petitioner no. 1 is rejected. Thus, in the event of arrest, the petitioner Nos. 2, 3 and 4 shall be released on bail upon furnishing a bond of Rs.10,000/- each 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 Nos. 2, 3 and 4 shall cooperate with investigation and 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.)