Xxxx v. State Of West Bengal And ANR

26.08.2025 Item No.05 Ct. No. 446 PG C.R.M.(A) 2720 of 2025 In Re:- An application for anticipatory bail under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Mahishadal Police Station Case No. 341 of 2024 dated 01.08.2024 under Sections 189(2)/126(2)/115(2)/117(2)/109 /74/351(2) of the Bharatiya Nyaya Sanhita pending before the learned Additional Chief Judicial Magistrate II at Haldia, Purba Medinipur.

And In the matter of : XXXXXX ...... petitioner Mr. Arnab Chatterjee Mr. Abhinabha Mukherjee ....for the petitioner Ms. Baishali Basu Ms. Suveni Banerjee ....for the State

1. Heard the submissions of the learned advocates appearing for both the parties. The State was directed to serve upon the victim. However, none appears to represent the victim. Service upon the victim bekept with the record. Perused the case diary.

2. Perused the statements made by the various witnesses recorded under section 182 of BNSS. There exists an enimical relationship and family feud between the parties, which is apparent from the statement made by the witnesses. There is a case and counter case and an initial complaint was lodged by the petitioner against the present de facto complainant and others. This Court also considered the nature of injury sustained, which

primarily mentioned as serious. However, considering the entire facts and circumstances, this Court do not find any such incriminating material against the present petitioner, for which custodial interrogation would be necessary . Therefore, this Court is inclined to grant the benefit of section 482 of the BNSS in favour of the petitioner subject to the fulfillment of conditions stipulated in Section 482(2) of BNSS.

3. Accordingly, it is directed that in the event of arrest the petitioner shall be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten Thousand only) 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 482(2) of BNSS and on further condition that the petitioner shall appear before the investigating officer once in a week till the submission of charge-sheet and shall not tamper with the evidence and intimidate the witnesses who are associated with this case and in default of any of the conditions, the prosecution will be at liberty to pray for cancellation of anticipatory bail.

4. This application for anticipatory bail is, thus, disposed of. (Chaitali Chatterjee (Das), J.)