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Calcutta High CourtCRM (A)/2114/2025allowed

Jahangir Sk v. The State Of West Bengal

2025-07-23Hon'Ble Justice Dinesh Kumar Sharma3 pages

23.07.2025 Sl. no. 25 Ct. No. 25 P.M.

C.R.M. (A) 2114 OF 2025 In re : An application for anticipatory bail under Section 482 of the of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with G.R. Case No. 1088/2025 arising out of Suti Police Station Case No. 498 of 2025 dated 06.05.2025 under Sections 329(4)/117(2)/118(2)/74/351(2)/3(5) of the B.N.S. 2023.

In the matter of : Jahangir Sk.

... petitioner Mr. Somnath Adhikary, Mr. Tapodip Gupta .....for the Petitioner.

Ms. Sujata Das, Ms. Suruchi Saha ......for the State.

Learned counsel for the petitioner submits that the alleged incident is of 4th April, 2025 and the defacto complainant filed the complaint before the learned Additional Chief Judicial Magistrate, Jangipur, Murshidabad on 23rd April, 2025 which lead to the registration of the present case. Learned counsel submits that co-accused have already admitted pre-arrest bail by the learned Sessions Judge vide order dated 23rd May, 2025. Learned counsel for the State has opposed the bail application on the ground that the accused persons had thrown brick bats on 10 year old girl on account of which she suffered injury, the injury report has been shown.

Learned counsel submits that the present petitioner is the principal offender.

The Court has considered the submissions.

The complaint was made after around nine days of the incident. There is nothing on record to suggest that any complaint was made with the local police immediately after the incident. The injury report also shown that the petitioner had suffered only one injury.

Taking into consideration of the facts and circumstances of this case petitioner is directed to join investigation as and when directed by the I.O. In the event, if Investigating Officer feels necessary of effecting the arrest of the petitioners they be admitted to anticipatory bail by furnishing personal bond of Rs. 5,000/- (Rupees five 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 he 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.)