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Calcutta High CourtCRM (A)/2755/2025allowed

Ashok Dey And ORS. v. State Of West Bengal

2025-08-11Hon'Ble Justice Chaitali Chatterjee (Das)2 pages

11.08.2025 Item No.32 Ct. No. 446 KS C.R.M. (A) 2755 of 2025 In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Nabadwip Police Station Case No.479 of 2022 dated 13.10.2022 under Sections 323/ 504/ 506/ 365/ 120B of the Indian Penal Code.

And In the matter of: Ashok Dey & Ors.

...... Petitioners Mr. Amanul Islam Mr. Sourav Mukherjee ....For the Petitioners Ms. Baishali Basu Mr. Abhinabha Mukherjee ....For the State

1. Heard the submission of both the learned advocates appearing on behalf of the petitioners as well as for the prosecution.

2. Perused the materials from the Case Diary and the statements of various witnesses recorded under Section 180 of the B.N.S.S. including that of the brother of the de facto complainant as appearing at page 28 of the Case Diary and on further consideration that parents of the de facto complainant are no more in the world, this Court finds no reason for custodial interrogation of the petitioners and the prayer for anticipatory bail on behalf of the petitioners stands allowed. The petitioners are the near relatives of the de facto complainant.

3. Accordingly, this Court is inclined to grant anticipatory bail to the petitioners subject to fulfillment of certain conditions other than compliance of the conditions laid down in Section 482(2) of the B.N.S.S.

4. Accordingly, in the event of arrest, the petitioners shall be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten Thousand only)

each, with two sureties of like amount each, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 482(2) of the B.N.S.S. and on further condition that the petitioners shall meet with the Investigating Officer once in a month till the conclusion of investigation and on condition that the petitioners shall appear on every date before the jurisdictional Court on the dates fixed for appearance and in default, the jurisdictional Court will pass appropriate order to secure the presence of the petitioners in Court. In default of any of the conditions, the Prosecution will be at liberty to pray for cancellation of bail.

5. Thus, the application for anticipatory bail is allowed.

6. Accordingly, the application being, C.R.M. (A) 2755 of 2025 stands disposed of.

7. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

8. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (CHAITALI CHATTERJEE (DAS), J.)