Gouranga Shil And ORS. v. State Of West Bengal

10.09.2025 Court No.28 Item No.175 ssi CRM (A) 2974 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Suraksha Nagarik Sanhita in connection with Banshihari PS Case No.340 of 2025 dated 24.07.2025 under Sections 117(2), 121(2), 132, 189(2), 351(2) and 224 of the BNS 2023. And In the matter of: Gouranga Shil & others.

....Applicants/Petitioners.

Mr. Samim Ahammed Mr. Arka Ranjan Bhattacharya Ms. Gulsanwara Pervin Ms. Saloni Mr. Asif Iqbal ...for the petitioners Mr. Iqbal Kabir Mr. Dipankar Paramanick ...for the State Learned counsel appearing on behalf of the petitioners submits as follows. There was a strike at a place on the particular day. One of the protestors was slapped by police personnel. In connection with this, the petitioners and others went to the office of the SDPO and gave a deputation. The deputation was received. This is a subject matter of a writ petition. But, it has now been alleged in the FIR that the petitioners attacked and assaulted the police personnel. No grievous injury was caused to anyone.

Learned counsel appearing on behalf of the State strongly opposes the prayer for anticipatory bail. He refers to the injury report and the statements of witnesses. From the injury report contained that page 42 of the case diary, it appears that there was no obvious external injury. The injury was termed as simple.

Considering the fact that there are allegations and counter allegations and in view of the materials available in the case diary, I do not think that custodial interrogation of the petitioners is required and I am inclined to grant anticipatory bail to the petitioners. Accordingly, the application for anticipatory bail of the petitioners is allowed.

However, 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 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 further conditions that the petitioners shall not threaten or intimidate witnesses and shall co-operate with investigation. The petitioners shall meet the I.O. once a fortnight till submission of report in final form.

The application for anticipatory bail is, thus, disposed of. (Jay Sengupta, J.)