Habibur Rahaman v. State Of West Bengal

22.09.2025 Sl. No.18 Ct. 28 NB C.R.M. (A) 2866 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 Harishchandrapur PS Case No.30/2025 dated 09.01.2025 under Sections 329(4)/117(2)/118(2)/109/3(5) of the Bharatiya Nyaya Sanhita, 2023.

And In the matter of: Habibur Rahaman ... petitioner Mr. Kalidas Saha, Ms. Khushi Mollick.

...for the petitioner.

Mr. Joydeep Biswas, Ms. Rajnandini Das.

...for the State.

Heard the learned counsels for the parties.

Perused the case diary.

Considering the fact that there are case and counter case and materials available in the case dairy including the statements of the witnesses and injury report which do not show inflicting of any grievous injury and the fact that some similarly circumstanced coaccused were granted anticipatory bail by the Sessions Court, I do not think that custodial interrogation of the petitioner is required in this case and I am inclined to grant anticipatory bail to the present petitioner.

Accordingly, in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- 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 petitioner shall cooperate with the investigation and to meet the Investigating Officer once a week till submission of report in final form and shall not threaten or intimidate witnesses or tamper with evidence in any manner whatsoever. The application for anticipatory bail being C.R.M. (A) 2866 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.)