Uttam Talukdar And ANR. v. State Of West Bengal

01/09/2025 M/L 47 Ct. No.28 S.Kundu C.R.M.(A) 2710 of 2025 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 Gangnapur police station case no. 248 of 2025 dated 8.7.2025 corresponding to G.R case no. 2735 of under sections 126(2)/115(2)/117(2)/109/74/351(2)/3(5) of the BNS. In the matter of: Uttam Talukdar & Anr.

... Petitioners Ms. Sananda Bhattacharyya ...for the petitioners.

Mr. Sandip Chakraborty Mr. Dipankar Paramanick ...for the State.

1. Heard the learned counsels for the parties.

2. Perused the case diary.

3. The prosecution case is that the accused conjointly attacked the petitioners. However, the injury report does not show any grievous injury. The petitioners on the other hand, contend that there were cases and counter cases between the private parties.

4. Considering the materials available in the case diary, the fact that the injury report shows inflicting of simple injury and the fact that there are cases and counter cases, I do not think that custodial interrogation of the petitioners is required in this case and I am inclined to grant anticipatory bail to the petitioners.

5. 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 the Arresting Officer and also be subject to further conditions that the petitioners shall cooperate with the investigation and shall not threaten or intimidate witnesses. The petitioners shall meet the I.O once a week till submission of report in final form. The petitioners shall stay outside the jurisdiction of Gangnapur Police Station for a period of three months from date except for meeting the Investigating Officer or attending the jurisdictional Court.

6. Accordingly, the instant application for anticipatory bail is allowed.

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

(Jay Sengupta, J.)