Morshed Ali @ Morsed Ali Mandal And ORS. v. State Of West Bengal

AD 42 August 14, 2025 Ct. 28 SG CRM(A) 2631 of 2025 Allowed An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Deganga P.S. Case No.322 of 2025 dated 27.05.2025 under Sections 329(3)/117(2)/118(2)/3(5) of the BNS, 2023. And In the matter of:

Morshed Ali alias Morsed Ali Mandal and others ... petitioners Mr. Angshuman Chakraborty Mr. S.S. Saha ... for the petitioners Mr. Md. Adil Badr Mr. A.S. Chatterjee ... for the State Learned counsel for the petitioners submits that there are case and counter case. Both sides received injuries. But, the victim in this case did not receive any grievous injury.

Learned counsel for the State opposes the prayer for anticipatory bail and points to the statements and the injury report present in the case diary.

Considering the materials available in the case diary, including the injury report which shows that the injuries were simple in nature, I do not find that custodial interrogation of the petitioners would be required in this case and I am inclined to grant anticipatory bail to the petitioners.

In the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- (rupees ten thousand) 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 petitioners shall cooperate with the investigation, shall meet the investigating officer once a week till submission of report in final form and shall not threaten or intimidate witnesses.

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

(Jay Sengupta, J.)