Ramesh Bag And ORS. v. State Of West Bengal

08/08/2025 D/L 32 Ct. No.28 S.Kundu C.R.M.(A) 2515 of 2025 Partly Allowed In Re:- An application for anticipatory bail under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023/under Section 438 of the Code of Criminal Procedure. In connection with G.R. no. 1043 of 2025 arising out of Khanakul police station case no. 389 of 2025 dated 29.5.2025 under sections 115(2)/117(2)/126(2)/3(5)/351(3)/74/76 of the BNS. In the matter of: Ramesh Bag & Ors.

... Petitioners Mr. Niladri Sekhar Ghosh Ms. Laboni Sikder Mr. Souvik Dey ...for the petitioners.

Ms. Sujaja Das Ms. Pallavi Priyandarshee ...for the State.

1. Heard the learned counsels for the parties.

2. Perused the case diary.

3. Considering the materials available in the case diary including the FIR lodged by the son of the victim who was eye-witness, the statements of the independent witnesses, the injury report and the respective roles ascribed to each of the petitioners, especially in the FIR, while I am inclined to grant anticipatory bail to the petitioner no. 4 (Sourav Bag @ Chotu Bag) and the petitioner no. 5 (Krishna Bag), the application for anticipatory bail of the petitioner nos. 1, 2, 3 and 6 is rejected.

4. In the event of arrest, the petitioner nos. 4 and 5 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 the Arresting Officer and also be subject to further conditions that the said petitioners shall cooperate with the investigation and shall not threaten or intimidate witnesses. The petitioner nos. 4 and 5 shall meet the I.O once a week till submission of report in final form. The said petitioners shall stay outside the jurisdiction of Khanakul police station for a period of six months except for meeting the I.O or attending the jurisdictional Court.

5. Accordingly, the application for anticipatory bail is allowed-in-part.

6. Urgent Photostat certified copy of this order, if applied for, be given to the parties upon compliance with requisite formalities.

(Jay Sengupta, J.)