Sachindranath Misra And ANR. v. State Of West Bengal
07.08.2025 Sl. No.40 NB C.R.M. (A) 2476 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 Titagarh PS Case No.239/2025 dated 03.07.2025 under Sections 115(2)/117(2)/3(5)/329(4)/351(2)/74/76 of the Bharatiya Nyaya Sanhita, 2023.
And In the matter of: Sachindranath Misra & Anr.
... petitioners Mr. Sayan Banerjee, Mr. Kiran Sk., Ms. Suprana Dutta.
...for the petitioners.
Mr. Pravas Bhattacharya, Mr. Manoranjan Mahato.
...for the State.
Learned counsel appearing on behalf of the petitioner submits that there is a prior civil dispute pending between the adverse parties. A civil suit is pending and an order of injunction was passed against the present de facto complainant. Learned counsel appearing on behalf of the State relies on the case diary and opposes the prayer for anticipatory bail. Considering the fact that there is a prior civil suit pending and the fact that the local post occurrence witnesses only referred to an altercation between the private parties, I do not consider this to be a case where custodial interrogation of the petitioners would be required 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 that the petitioners shall meet the Investigating Officer once a fortnight till submission of report in final form and shall not threaten or intimidate witnesses or tamper with evidence in any manner whatsoever.
The application for anticipatory bail being C.R.M. (A) 2476 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.)