Rabindra Nath Jana And ORS. v. State Of West Bengal

15.07.2025 Court No.28 Item No.31 ssi CRM (A) 2209 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Suraksha Nagarik Sanhita in connection with Pingla PS Case No.89 of dated 02.05.2025 under Sections 126(2)/115(2)/117(2)/109/303(2)/351(2)/3(5) of the BNS, 2023. And In the matter of: Rabindra Nath Jana & others. ....Applicants/Petitioners.

Mr. Bhaskar Hutait ...for the petitioners Mr. Soumyajit Das Mahapatra Ms. Madhurai Sinha Ms. Upasana Banerjee ...for the de facto Ms. Sayanti Santra Mr. Soumyadip Saha ..for the State Learned counsel appearing on behalf of the petitioners submits as follows. The petitioners have been falsely implicated in this case. When the petitioner no.1 went to the de facto complainant to ask for unpaid wages, a scuffle ensued and the false case was started. Learned counsel appearing on behalf of the de facto complainant submits that threats are being given by the petitioners and others for withdrawing this complaint.

Learned counsel appearing on behalf of the State relies on the case diary and opposes the prayer for anticipatory bail. She submits that the victim had to undergo treatment and six stitches had to be given on his hand. There were injuries inflicted on different parts of the body. There are statements of local witnesses to corroborate the same.

Considering the materials available in the case diary and the alleged roles ascribed to each of the petitioners, while I am inclined to reject the anticipatory bail application of the petitioner no.1, the application for anticipatory bail of the petitioner nos. 2, 3 and 4 is allowed.

Accordingly, the application for anticipatory bail of the petitioner no.1, namely Rabindra Nath Jana, is rejected. 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 conditions that the petitioners 2, 3 and 4 shall not threaten or intimidate witnesses and shall co-operate with investigation. The petitioners 2, 3 and 4p shall meet the I.O. once a week till submission of report in final form. The petitioners shall stay outside the jurisdiction of Pingla Police Station for a period of four weeks from this date, except for attending Court or meeting the Investigating Officer.

The application for anticipatory bail is, thus, disposed of. (Jay Sengupta, J.)