Calcutta High CourtCRM (A)/2326/2025partly allowed

Premlata Mandal @ Pabni Mandal And ORS. v. State Of West Bengal And ANR

2025-07-28Hon'Ble Justice Jay Sengupta2 pages

28.07.2025 SL.53 Ct.No.28 NB CRM (A) 2326 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 Harishchandrapur P.S. Case No.494 of 2025 dated 20.05.2025 under Sections 329(4)/77/351(2)/64/(1))/3(5) of the Bharatiya Nyaya Sanhita, 2023 pending before the learned Chief Judicial Magistrate, Malda.

And In the matter of: Premlata Mandal @ Pabni Mandal & Ors. ...petitioners Mr. Parvej Anam, Ms. Afsana Khatun.

...for the petitioners.

Ms. Baishali Basu, Mr. Subhajit Chowdhury.

...for the State.

Affidavit of service filed on behalf of the petitioners is taken on record.

No one appears on behalf of the de facto complainant. Heard the learned counsels for the petitioners and the State. Perused the case diary.

Considering the nature of allegations and the materials available in the case diary including the statement of the victim and the alleged roles ascribed to each of the petitioners while I am inclined to grant anticipatory bail to the petitioner no.1 (Premlata Mandal @ Pabni Mandal), the petitioner no.2 (Sudam Mandal) and the petitioner no.4 (Dharmendra Mandal @ Rabindra Mandal), the application for anticipatory bail of the petitioner no.3 (Karan Mandal) is hereby rejected.

Accordingly, in the event of arrest, petitioner no.1 (Premlata Mandal @ Pabni Mandal), the petitioner no.2 (Sudam Mandal) and the petitioner no.4 (Dharmendra Mandal @ Rabindra Mandal) 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 that the petitioner nos.1, 2 and 4 shall not threaten or intimidate witnesses, whatsoever. The application for anticipatory bail being CRM (A) 2326 of 2025 is, thus, partly 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.)