← Library
Calcutta High CourtCRM (A)/2491/2025partly allowed

Radha Shayam Das @ Radhashyam Das And ORS. v. State Of West Bengal

2025-08-07Hon'Ble Justice Jay Sengupta2 pages

AD 53 August 7, 2025 Ct. 28 SG CRM(A) 2491 of 2025 Partly Allowed An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Patashpur P.S. Case No.309 of 2025 dated 27.05.2025 under Sections 109/115(2)/117(2)/126(2)/351(2)/3(5) of the BNS, 2023.

And In the matter of:

Radha Shayam Das @ Radhashyam Das and others ... petitioners Ms. Sananda Bhattacharyya ... for the petitioners Mr. Imran Ali Mr. Amanul Islam ... for the State Heard learned counsels for the parties.

Perused the case diary.

Considering the materials available in the case diary, including the statements of the witnesses and the injury report which shows inflicting of severe injury on vital part of the body being head of the victim and the alleged roles ascribed to each of the petitioners, while I am inclined to grant anticipatory bail to the petitioner Nos.2 and 3, the prayer for anticipatory bail of the petitioner No.1 (Radha Shayam Das @ Radhashyam Das) is rejected.

In the event of arrest, the petitioner Nos.2 and 3(Goshta Gopal Das @ Gostha Gopal Das and Kalipada Das) shall be

released on bail upon furnishing a bond of Rs.10,000/- (rupees ten thousand) each with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the BNSS, 2023 and on the further conditions that the petitioner Nos.2 and 3 shall cooperate with the investigation, shall meet the investigating officer once a fortnight till submission of charge-sheet and shall not threaten or intimidate witnesses.

The application for anticipatory bail is, thus, disposed of. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of requisite formalities.

(Jay Sengupta, J.)