Surabuddin Mondal v. State Of West Bengal

12.08.2025 Item No.15 Ct. No. 446 KS C.R.M. (A) 2770 of 2025 In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Haringhata Police Station Case No.432 of 2025 dated 20.06.2025 under Sections 329(3)/ 115(2)/ 117(2)/ 109/ 74/ 35(12)/ 3(5) of the B.N.S. 2023.

And In the matter of: Surabuddin Mondal ...... Petitioner Mr. Minoti Gomes Mr. Pralay Hazra ....For the Petitioner Mr. Md. Adil Badr, Ld. Jr. Govt. Counsel Ms. Manashi Roy ....For the State

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

2. Perused the materials from the Case Diary and the statements of various other witnesses recorded under Section 180 of the B.N.S.S., contents of First Information Report coupled with the injury report, which primarily shows the injury as simple in nature.

3. That apart, there is a case and counter-case lodged by and between the parties against each and other and for which, further complaint is lodged by the present petitioner against the de facto complainant.

4. It is submitted that by granting anticipatory bail in favour of other coaccused by the learned Sessions Judge, Nadia, Krishnanagar, the prayer of the present petitioner was refused with a direction to surrender before the concerned jurisdictional Court within 15 days thereof, which has not complied with.

5. Be that as it may, in view of the above, the nature of allegations levelled and in absence of any such incriminating material against the present petitioner, this Court finds no reason for custodial interrogation of the present petitioner and the prayer for anticipatory bail stands allowed.

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

7. Accordingly, 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, 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 petitioner shall meet with the Investigating Officer once in a month till the conclusion of investigation and on condition that the petitioner 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 petitioner in Court. In default of any of the conditions, the Prosecution will be at liberty to pray for cancellation of bail.

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

9. Accordingly, the application being, C.R.M. (A) 2770 of 2025 stands disposed of.

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

11. 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.)