Rasid Jamadar @ Abhilash v. State Of West Bengal

D/L 18 11-08-2025 Ct. No.446 Saikat (Allowed) CRM (A)/2732/2025 RASID JAMADAR @ ABHILASH VS.

STATE OF WEST BENGAL In Re: Application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita filed in connection with Onda P.S. Case No.156/2024 dated 20.07.2024 under Section 420 of I.P.C. Mr. Saumik Ganguli, Adv.

Miss. Priti Burman, Adv.

...For the Petitioner Mr. Sandip Chakraborty, Adv.

Mr. Shaashanka Shekhar Saha, Adv.

...For the State

1. Heard the submission of the prosecution as well as the defence counsel.

2. Peruse the case diary.

3. On careful perusal of materials on record and the statements recorded under section 180 of B.N.S.S. of various witnesses coupled with the statement made under section 183 B.N.S.S., prima facie it appears that the present petitioner is not F.I.R. named accused and in the course of investigation his name has been revealed. The charge-sheet has already been submitted showing the petitioner as absconder but warrant for production of the accused has not yet been issued. In this regard, one Information Slip has been filed in Court and let it be kept with the record. Be that as it may, considering the fact that the investigation has culminated in filing of charge-sheet, no

purpose would be served if the anticipatory bail prayer is refused to the present petitioner and to take him behind the bar.

4. In view of the above and the nature of allegation, this Court is inclined to allow the prayer for pre-arrest bail of the petitioner.

5. Accordingly, in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs. 20,000/- with two sureties of like amount and one must be local to the satisfaction of the arresting officer subject to the condition laid down in section 438(2) of the Bharatiya Nyaya Sanhita, 2023 and on further condition that the petitioner shall surrender before the jurisdictional magistrate within four weeks from date and shall appear before the court as and when called for and shall not leave the jurisdiction of the court. In case of default of the condition, the prosecution shall be at liberty to pray for cancellation of the anticipatory bail of the petitioner.

6. The application for anticipatory bail is, thus, disposed of.

7. Case Diary is, however, returned.

[Chaitali Chatterjee (Das), J.]