Nazrul Sk @ Najrul Sk. And ORS. v. State Of West Bengal

28.07.2025 SL.50 Ct.No.28 NB CRM (A) 2317 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 Bharatpur P.S. Case No.141 of 2025 dated 12.05.2025 under Sections 126(2)/115(2)/117(2)/109/3(5) of the Bharatiya Nyaya Sanhita, 2023 pending before the learned Additional Chief Judicial Magistrate, Kandi, Murshidabad.

And In the matter of: Nazrul Sk @ Najrul Sk. & Ors. .... petitioners Mr. Kallol Kumar Basu, Md. Jannat ul Firdous, Mr. Rajsekhar Hota.

...for the petitioners.

Mr. Iqbal Kabir, Mr. Debarshi Brahma.

...for the State.

Ms. Minoti Gomes, Md. Hafiz Ali.

...for the de facto complainant.

Heard the learned counsels appearing on behalf of the petitioners, the de facto complainant and the State. Perused the case diary.

It has been submitted on behalf of the petitioners that there are case and counter case and even a partition suit pending between the adverse parties.

While one injury report states the injury to be simple, the other one describes it as grievous with a question mark. Considering the materials available in the case diary, I do not think that custodial interrogation of the petitioners is required in this case and I am inclined to grant anticipatory bail to the petitioners.

Accordingly, 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 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 they shall cooperate with the investigation and shall not threaten or intimidate witnesses and shall meet the Investigating Officer once a week till submission of report in final form and the petitioner nos.2, 3 and 4 shall stay outside the jurisdiction of Bharatpur Police Station for a period of two months from this date except for the purpose of attending the jurisdictional Court or for meeting the Investigating Officer.

The application for anticipatory bail being CRM (A) 2317 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.)