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Calcutta High CourtCRM (A)/3230/2025allowed

Debasis Mondal And ANR. v. State Of West Bengal

2025-10-29Hon'Ble Justice Jay Sengupta2 pages

29.10.2025 Sl. No.28 Ct. 28 NB CRM (A) 3230 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 Baruipur PS Case No.78/2025 dated 09.01.2025 under Sections 126(2)/115(2)/74/351(2)/3(5) of Bharatiya Nyaya Sanhita. And In the matter of: Debasis Mondal & Ors.

... petitioners Mr. Rajendra Banerjee, Mr. Souvik Ganguly.

...for the petitioners.

Ms. Sujata Das, Mr. Ratul Ghosh.

...for the State.

Learned counsel appearing on behalf of the petitioners submits as follows. The petitioner, a police officer, is a specially abled person. The dispute is between the brothers over maintenance of a washroom. Charge sheet has been submitted. Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail.

Considering the nature of allegations, the materials available in the case dairy and the fact that charge sheet has been submitted, I am inclined to grant anticipatory bail to the present petitioners.

Accordingly, in the event of arrest, the petitioners 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 the petitioners shall not threaten or intimidate witnesses or tamper with evidence in any manner whatsoever.

The application for anticipatory bail is, thus, disposed of. 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.)