Calcutta High CourtCRM (A)/2043/2025disposed

Shibir Lala And ORS. v. State Of West Bengal

2025-08-08Hon'Ble Justice Dinesh Kumar Sharma2 pages

08.08.2025 Sl. no. 15 Ct. No. 25 P.M.

(Allowed) C.R.M. (A) 2043 OF 2025 In re : An application for anticipatory bail under Section 482 of the of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with P.T.N. Case No. WBML02P0026302025 arising out of Baishnabhnagar Police Station Case No. 364 of 2025 dated 30.03.2025 under Sections 126(2)/74/124(2)/303(2)/3(5) of B.N.S. Act, 2023.

In the matter of : Shibir Lala & Ors.

... petitioner Mr. Mritunjay Chatterjee, Ms. Pinki Saha.

.....for the Petitioner.

Mr. Rana Mukherjee Mr. Subham Bhakat.

......for the State.

Learned counsel for the State has filed the report of S.I. Subir Kundu, Baishnabnagar P.S., District - Malda regarding the counter case. Let it be taken on record.

Perusal of the report indicates that investigation in the counter case of P.S. Case No. 363 of 2025 is in progress. However, till date no accused has been arrested despite several dates.

Learned counsel for the State has submitted that as per injury report of Gita Lala there were acid burn injury. Learned counsel submits that there are specific allegations of acid throwing against the petitioner No. 1 Shibir Lala.

In this circumstances since there are specific allegations of acid throwing against the petitioner No. 1 he is not entitled to pre-arrest bail. However, petitioner No. 2 and 3 shall join the investigation as and when directed by the Investigating Officer. In the event, if Investigating Officer feels necessary of effecting the arrest of the petitioner No. 2 and 3 may be admitted to anticipatory bail by furnishing personal bond of Rs. 10,000/- (Rupees ten thousand only) with two sureties of like amount each, one of whom shall be local, to the satisfaction of the Investigating Officer, subject to the conditions that she shall join and cooperate in the investigation as and when directed by the Investigating Officer and shall not threaten, tamper or intimidate the complainant or members of the family in any manner. Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Dinesh Kumar Sharma, J.)