Utpal Das And ORS. v. State Of West Bengal
19.09.2025 Sl. No.42 Ct. 28 NB C.R.M. (A) 3049 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 Nazat PS Case No.265/2025 dated 17.06.2025 under Sections 115(2)/117(2)/110/3(5) of Bharatiya Nyaya Sanhita. And In the matter of: Utpal Das & Ors.
... petitioners Mr. Kallol Kumar Basu, Md. Jannat ul Firdous, Mr. Rajsekhar Hota.
...for the petitioners.
Ms. Subhasree Patel, Mr. Raju Mondal.
...for the State.
Learned counsel appearing on behalf of the petitioners submits that there was an altercation between brothers resulting injuries of both sides, which however, were not grievous in nature. There are case and counter case over this.
Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. He refers to the injury reports which show blunt trauma on head. He also relies on statements of witnesses.
Considering the fact that there are case and counter case and the injury reports do not reveal any grievous injury, I do not think that custodial interrogation of the petitioners is required in this case and I am inclined to grant anticipatory bail to the present petitioner.
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 cooperate with the investigation and shall 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) 3049 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.)