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Calcutta High CourtCRM (A)/3290/2025allowed

Ujjwal Sk @ Mahabul Haque v. State Of West Bengal

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

29.10.2025 Sl. No.75 Ct. 28 NB CRM (A) 3290 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 Rampurhat PS Case No.403/2025 dated 29.07.2025 under Sections 329(4)/115(3)/117(2)/118(2)/351(2)/3(5) of Bharatiya Nyaya Sanhita.

And In the matter of: Ujjwal Sk. @ Mahabul Haque ... petitioner Ms. Minoti Gomes, Md. Hafiz Ali.

...for the petitioner.

Mr. Soumit Ganguly, Ms. Rituparna Saha.

...for the State.

Learned counsel appearing on behalf of the petitioner submits as follows. There was a scuffle between two groups of neighbours and co-sharers. The victim tried to stop the parties and suffered some injury. However, the same was not grievous in nature. There are case and counter case.

Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail and refers to the statements of witnesses and the injury report which shows simply injury of abrasion.

Considering the materials available in the case diary and the fact that there are case and counter case, I do not think that custodial interrogation of the petitioner is required in this case and I am inclined to grant anticipatory bail to the present petitioner.

Accordingly, in the event of arrest, the petitioner 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 petitioner shall cooperate with the investigation and shall not threaten or intimidate witnesses or tamper with evidence in any manner whatsoever and the petitioner shall meet the Investigating Officer once a fortnight till submission of report in final form.

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.)