Sujit Samanta v. State Of West Bengal

16.07.2025 SL.61 Ct.No.28 NB CRM (A) 2267 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 Tamluk P.S. Case No.443 of 2025 dated 04.06.2025 under Sections 303(2)/ 324(4))/3(5) of the Bharatiya Nyaya Sanhita, 2023 and 11 in West Bengal Trees (Protection and Conservation in NonForest Areas) Act, 2006. And In the matter of: Sujit Samanta ....petitioner Mr. Tonmoy Chottopadhyay, Mr. Arijit Pradhan.

...for the petitioner.

Mr. Suman Dey, Mr. Ashok Das.

...for the State.

It is alleged that the petitioner had cut away huge number of trees in excess of the license granted to him. It also appears that the petitioner has responded to the initial notice issued by the police.

Considering the nature of allegations and the materials available in the case diary, I do not think that custodial interrogation of the petitioner is required in this case and I am inclined to grant anticipatory bail to the petitioner.

Accordingly, in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of Arresting Officer and subject to the conditions as laid down under Section 438 of the Code of Criminal Procedure,

corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita and on further condition that he shall cooperate with the investigation and shall not threaten or intimidate witnesses and the petitioner shall meet the Investigating Officer once a fortnight till submission of report in final form.

The application for anticipatory bail being CRM (A) 2267 of 2025 is, thus, allowed.

Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities.

(Jay Sengupta, J.)