Shyamal Barman And ANR. v. State Of West Bengal

06.08.2025 Sl. No.50 NB C.R.M. (A) 2451 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 Itahar PS Case No.341/2025 dated 19.05.2025 under Sections 109/115(2)/118(2)/126(2)/351(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023.

And In the matter of: Shyamal Barman & Anr.

... petitioners Mr. Kaushik Choudhury.

...for the petitioners.

Mr. Anwar Hossain, Ms. Kanchan Roy.

...for the State.

Learned counsel appearing on behalf of the petitioners submits as follows. There are case and counter case. Both sides received injuries. However, none of the injuries were grievous in nature.

Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. He refers to the injury reports, which show injuries caused by iron rod over vital parts of the body like head with cut injury that required stitches for repair. He also relies on statements of independent local eye-witnesses. Considering the incriminating materials available in the case diary including the injury report showing injuries inflicted on vital parts of the body, the statements of the injured and the independent eye-witnesses, I do not consider this to be a fit case for granting anticipatory bail to the petitioners.

The application for anticipatory bail being C.R.M. (A) 2451 of 2025 is, thus, rejected.

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.)