Pranab Kumar Maity @ Anup Maity And ORS. v. The State Of West Bengal

09.09.2024 Court No.29 Item No. 42 Allowed SM/Aloke CRM (A) 3172 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure read with Section 482 of the BNSS, in connection with Khanakul Police Station Case No. 395 of 2024 dated 12.07.2024 under Sections 126(2)/115 (2)/118(2)/304(2)/351(2)/352/365 of the BNSS, 2023, pending before the Court of learned Additional Chief Judicial Magistrate, Hooghly. And In Re: Pranab Kumar Maity @ Aunp Maity & Ors. Petitioners Mr. Niladri Sekhar Ghosh Ms. Sompurna Chatterjee Ms. Laboni Sikdar For the Petitioners Mr. Rana Mukherjee Mr. Sujay Sarkar For the State

1. Heard the learned advocates for the parties.

2. Considering the materials available in the case diary, the nature and extent of complicity of the petitioners in the commission of the alleged offence and is found that a brawl has taken place between two groups which found to be inebriated and also having regard to the nature of injury which does not appear to be grievous in nature, we feel that the custodial interrogation of the petitioners is not necessary.

3. Accordingly, we direct that in the event of arrest, the petitioners, namely, Pranab Kumar Maity @ Anup Maity, Susanta Jana, Tapasi Bayen, Ana Imran @ Sk. Ala Imran, Suresh Malik, Soumen Pandit and Biswajit Maji, shall be released on bail upon furnishing a bond of Rs.5,000/- each, with two registered sureties, 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 Bharatiya Nagarik Suraksha Sanhita and on further condition that the petitioner nos. 1, 2, 4, 5, 6 and 7 shall meet the Investigating Officer once in a week and petitioner nos. 3 shall cooperate with the investigation and on further condition that the petitioners shall appear before the jurisdictional Court within two weeks from date and on every date fixed for appearance of the accused and in default the Jurisdictional Court will pass appropriate order to secure the presence of the petitioners in Court including cancelling the anticipatory bail granted without 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.)