Calcutta High CourtCRM (A)/2926/2025allowed

Raja Ali Mallik v. State Of West Bengal

2025-09-12Hon'Ble Justice Jay Sengupta2 pages

AD 37 September 12, 2025 Ct. 28 SG CRM(A) 2926 of 2025 Allowed An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Khanakul P.S. Case No.312 of 2025 dated 03.05.2025 under Sections 126(2)/117(2)/115(2)/351(2)/3(5)/76 of the BNS, 2023.

And In the matter of:

Raja Ali Mallik ... petitioner Mr. Niladri Sekhar Ghosh Ms. Labani Sikder Mr. Souvik Dey ... for the petitioner Mr. Binoy Kumar Panda Mr. Sandip Kundu ... for the State Learned counsel for the petitioner submits that the petitioner is a neighbour of the de facto complainant. The de facto complainant and her husband were assaulting the old aged mother of the husband. The neighbours protested and tried to save her. In retaliation, the present FIR was lodged. The said mother had also lodged a complaint before the police, a copy of which is annexed at page 7 of the application.

Learned counsel for the State opposes the prayer for anticipatory bail and relies on the case diary, including the statement of the victim.

Considering the materials available in the case diary and the fact that there are allegations and counter allegations, I am inclined to grant anticipatory bail to the petitioner.

In the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (rupees ten thousand) 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 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the BNSS, 2023 and on the further conditions that the petitioner shall cooperate with the investigation, shall meet the investigating officer as and when required and shall not threaten or intimidate witnesses.

The application for anticipatory bail is, thus, allowed. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of requisite formalities.

(Jay Sengupta, J.)