Jit Ghosh And ANR. v. State Of West Bengal
02.09.2025 SL.51 Ct.No.28 NB CRM (A) 2814 of 2025 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kotwali P.S. Case No.1003 of 2024 dated 12.09.2024 under Sections 126(2)/117(2)/118(2)/109(2)/3(4) of the BNS, 2023. And In the matter of: Jit Ghosh & Anr.
... petitioners Mr. Sumanta Das, Mr. Avilash Tripathi.
...for the petitioners.
Mr. Atif Ahmed Siddiqui.
...for the State.
Mr. Manas Kumar Das ...for the de facto complainant.
Learned senior counsel appearing on behalf of the petitioners submits as follows. There was an altercation between two groups of persons regarding immersion of Ganesh idol in a waterbody. Both sides suffered minor injuries.
Learned counsel appearing on behalf of the de facto complainant submits that there is a settlement and compromise arrived at between the private parties and the de facto complainant would not have any objection if anticipatory bail is granted to the present petitioners.
Learned counsel appearing on behalf of the State relies on the case diary including the statement of witness and the injury reports, , which do not show any inflicting of any grievous injury.
Considering the above and the other materials available in the case dairy and the fact that charge sheet has been submitted, I am inclined to grant anticipatory bail to the present petitioners. Accordingly, 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 Arresting Officer and subject to the conditions as laid down under Section 438 of the Code of Criminal Procedure, corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita and on further condition that the petitioners shall not threaten or intimidate witnesses or tamper with evidence and shall surrender before the learned jurisdictional Court and pray for bail within four weeks from this date and shall attend the jurisdictional Court regularly. The application for anticipatory bail being CRM (A) 2814 of 2025 is, thus, allowed.
Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities.
(Jay Sengupta, J.)