Biswajit Mahato And ORS. v. State Of West Bengal

04/09/2025 D/L 57 Ct. No.28 S.Kundu C.R.M.(A) 2712 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 Mejia Police station case no. 70 of 2025 dated 9.6.2025 under Sections 329(4)/115(2)/118(2)/324(4)/351(2)/3(5) of the BNS. In the matter of: Biswajit Mahato & Ors.

... Petitioners Mr. Pawan Kr. Gupta Mr. Sougata Mitra Ms. Sofia Newar Mr. Santanu Sett Mr. Nikhil Kr. Gupta Ms. S. Chakraborty Mr. S. Maitra ...for the petitioners.

Mr. Bidyut Kr. Roy Mr. Karan Bapuli ...for the State.

1. Heard the learned counsels for the parties.

2. Perused the case diary.

3. It is the petitioners' contention that earlier complainants were made by the local villagers against the company of their drivers and conducting illegal mining activities and even teasing local women. The police, according to them, did not pay heed to any of those complaints.

4. Considering the fact that there are allegations and counter allegations and considering the materials available in the case diary, 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.

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.)