Sk Mujasir @ Sk Mujafair And ORS. v. State Of West Bengal
11.08.2025 Item No.13 Ct. No. 446 PG C.R.M.(A) 2722 of 2025 In Re:- An application for anticipatory bail under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Santuri Police Station Case No. 30 of 2025 dated 17.04.2025 under Sections 85/ 329(4)/115(2)/118(1)/117(2)/109/3(5) of the Bharatiya Naya Sanhita, pending before the Court of the Learned Additional Chief Judicial Magistrate, Puriulia. And In the matter of : Sk. Mujasir @ Sk. Mujafair & Ors.. ...... petitioners Mr. Pawan Gupta Mr. Sougata Mitra Ms. Sofia Nesar Mr. Abhijit Bose Mr. Santanu Sett Mr. Nikhil Kr. Gupta Ms. Soma Chakraborty Mr. Subhadip Maitra ....for the petitioners Mr. Imran Ali Ms. Puspital Saha ....for the State
1. Heard the submissions of both the learned advocates for the parties.
2. Perused the case diary.
3. On careful perusal of the materials available in the case diary, more specifically the contents of the F.I.R. and the nature of allegations levelled against present petitioners, which reveals the existence of matrimonial dispute between the parties followed by a case and counter case lodged by both the parties against each other and more particularly, on perusal of the injury report available in
the case diary at pages 23, 24 and 25 thereof and the nature of injury sustained, which is only physical assault by assailant without giving any specific overt act against any of the present petitioners, this Court finds there is no such incriminating material against the present petitioners for which custodial interrogation of the present petitioners is necessary.
4. In view of the above, this Court is inclined to grant anticipatory bail to the petitioners subject to fulfillment of conditions stipulated in Section 482(2) of BNSS.
5. Accordingly, it is directed that in the event of arrest the petitioners shall be released on bail upon furnishing bonds of Rs.10,000/- (Rupees Ten Thousand only) 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 the conditions as laid down under Section 482(2) of BNSS.
6. This application for anticipatory bail is, thus, disposed of. (Chaitali Chatterjee (Das), J.)