Saidul Molla And ORS v. The State Of West Bengal

05.09.2024 Court No.29 Item No. 49 Allowed ar CRM (A) 3114 of 2024 In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Gopalnagar Police Station Case No.463 of 2024 dated 02.08.2024 corresponding to G.R Case No. 2645 of 2024 under Sections 126(2)/117(2)/110/303(2) /3(5) of the Bharatiya Nyaya Sanhita, 2023.

And In Re: Saidul Molla & Ors.

Petitioners Mrs. Trina Mitra For the Petitioners Mr. Anowar Hossain Ms. Monisha Sharma For the State

1. Heard the learned counsel appearing for the parties.

2. Considering the materials available in case diary, the statement of the injured, which appears to be simple and having regard to the circumstances under which such incident had taken place, we are of the view that custodial interrogation of the petitioners is not necessary.

3. Accordingly, we direct that in the event of arrest, the petitioners, namely, Saidul Molla, Ashadul Molla, Safikul Molla, Rohidul Molla, Rafiul Molla @ Rakesh Molla, Haran Molla and Ashik Molla @ Amjed Molla shall be released on bail upon furnishing a bond of Rs.10,000/- each, with two registered sureties of like amount each, subject to the satisfaction of the Arresting Officer and also to comply with the conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973, corresponding to Section 482(2) of the BNSS, 2023. The petitioners shall meet the Investigating Officer as when required till Signed By :

AMITAVA ROY High Court of Calcutta 6 th of September 2024 04:18:48 PM

the submission of the final report and on further condition that the petitioners shall appear before the learned Additional Chief Judicial Magistrate, Bongaon, North 24 Parganas, within two weeks from date in connection with G.R Case No. 2645 of 2024. In the event of noncompliance of any of the conditions, the anticipatory bail shall stand automatically cancelled without any further reference to this Court.

4. Accordingly, the prayer for anticipatory bail of the petitioners is allowed and the same is accordingly disposed of.

5. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Soumen Sen, J) (Shampa Dutt (Paul), J) Signed By :

AMITAVA ROY High Court of Calcutta 6 th of September 2024 04:18:48 PM