Sk Mofijul v. The State Of West Bengal

12.09.2024 SL No.42 Court No.29 (gc) (Allowed) CRM (A) 3275 of 2024 In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Pukhuria Police Station Case No.404 of 2024 dated 19.07.2024 under Sections 126(2)/115(2)/118(2)/109/3(5) of the Bharatiya Nyaya Sanhita, 2023.

And In the matter of : Sk Mofijul - Petitioner.

Mr. Mrityunjoy Chatterjee, Mr. Debapriya Majumder ....For the Petitioner.

Mr. Debabrata Chatterjee, Mr. Amanul Islam ... For the State.

Ms. Ambiya Khatun ....For the De facto Complainant.

1. Heard the learned Counsel for the parties.

2. Considering the fact that there has been a case and countercase between the parties and the case diary reveals that the nature of injury is simple and also taking into consideration the background facts resulted in the occurrence of such incident, we are of the view that custodial interrogation of the petitioner is not necessary.

3. Accordingly, we direct that in the event of arrest, the petitioner, namely, Sk Mofijul, shall be released on bail upon furnishing a bond of Rs.5,000/-, with two registered sureties of like amount each, to the satisfaction of the arresting officer and also subject to the conditions as laid down under Section 482(2) of the BNSS, 2023 and on further condition that the petitioner shall Signed By :

GURUPADA CHAKRABARTY High Court of Calcutta 13 th of September 2024 11:18:46 AM

meet the I.O. once in a week till the submission of the final report.

4. It is further directed that the petitioner shall appear before the learned Additional Chief Judicial Magistrate, Chanchal at Malda in connection with G.R. Case No.2028 of 2024 within two weeks from date.

5. Accordingly, the application for anticipatory bail is disposed of.

6. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Soumen Sen, J.) (Prasenjit Biswas, J.) Signed By :

GURUPADA CHAKRABARTY High Court of Calcutta 13 th of September 2024 11:18:46 AM