Chittaranjan Sarkar And ANR. v. State Of West Bengal

15.07.2025 Ct. No. 32 pg.

Allowed CRM (A) 1981 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 Karimpur Police Station Case No.93 of 2025 dated 13.05.2025 under Sections 331(3)/324(5)/305/351(2)/ 3(5) of the Bharatiya Nyaya Sanhita, 2023, pending before the Court of the learned Additional Chief Judicial Magistrate, Tehatta, Nadia.

And In the matter of : Chittaranjan Sarkar & Anr. ...... Petitioners Mr. Asraf Mandal ... For the petitioners Mr. Md. Anwar Hossain Ms. Ayana De ... For the State 1.

The instant application has been filed with a prayer for anticipatory bail.

2.

Learned counsel appearing on behalf of the petitioners has prayed for anticipatory bail by stating, inter alia, that this is a dispute between the uncle and the nephew and more so there is a long standing land dispute between the parties. It has been further stated that between the parties several suits as well as one criminal case are pending and the instant FIR was filed as a counter-blast.

3.

Learned counsel appearing on behalf of the State has relied on the statement recorded under Section 161 of the Code of Criminal Procedure (Section 180 of the Bharatiya Nagarik Suraksha Sanhita, 2023).

4.

I have gone through the case diary very carefully and I do not find that this is a case of custodial trial.

5.

In such circumstances, the prayer for anticipatory bail of the petitioners' stands allowed.

6.

Accordingly, I direct that in the event of arrest, the petitioners, namely, Chittaranjan Sarkar and Chocolate Ghosh @ Sanjib Ghosh, shall be released on bail upon furnishing a bond of Rs.5,000/- (Rupees Five Thousand only) each, with one surety of like amount each, 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 and also on condition that the petitioners shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in case of any violation, the jurisdictional Court shall be at liberty to cancel the anticipatory bail and to take all steps to ensure the production of the petitioners/accused in Court without further reference to this Court.

7.

Accordingly, CRM (A) 1981 of 2025 stands disposed of. 8.

All parties shall act on the basis of a server copy of this order duly downloaded from the official website of this Court. 9.

Criminal Section is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities.

(Bibhas Ranjan De, J.)