Bidesh Midya And ANR. v. State Of West Bengal

29.07.2025 Court No.28 Item No.38 tbsr Allowed CRM (A) 2018 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Ghatal P.S. Case No.106 of 2025 dated 30.03.2025 under Sections 126(2)/115(2)/117(2)/109(1)/351(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023.

And In the matter of: Bidesh Midya & Anr.

....Petitioners.

Mr. Anupam Das Mr. Soupal Chatterjee Mrs. Mekhala Kar Ms. Manisha Paswan ...for the petitioners.

Mr. Prasun Kumar Dutta Mr. Anindya Sundar Chatterjee ....for the State.

Copy of Medical Report as filed on behalf of the petitioners is taken on record.

Learned counsel appearing on behalf of the petitioners submits as follows. An altercation ensued between private parties. Both sides received injuries. But, none of them was grievous. The wife of the petitioner no. 1 also received serious cut injury over head. But, the police did not register any complaint from their side. Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. He refers to the statements of the witnesses and the injury reports.

Considering the materials available in the case diary and the fact that a scuffle between neighbours had resulted in inquiries on both

sides, I am inclined to grant anticipatory bail to the petitioners, however, by restricting their movement for a limited period. In the event of arrest, the petitioners 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 petitioners shall co-operate with investigation, shall meet the I.O. once a week till submission of report in final form, shall not threaten or intimidate witnesses and shall stay outside the jurisdiction of Ghatal P.S. for a period of four months from this date except for meeting the I.O. or attending the jurisdictional Court. The application for anticipatory bail is, thus, allowed. Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.

(Jay Sengupta, J.)