Bapan Mallick v. State Of West Bengal

16.10.2025 Serial no. 9 (Anticipatory bail) (Allowed) ( Dd ) CRM (A)/3384/2025 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Chandrakona Police Station Case No. 400 of 2025 dated August 18, 2025 under Sections 329(4)/74/64/79 of Bharatiya Nyaya Sanhita, 2023 pending before Additional Chief Judicial Magistrate, Ghatal, Paschim Medinipur. -AndIn the matter of : BAPAN MALLICK ... ... Petitioner Mr. Syed Nurul Arefin, Mr. Debottam Das, Mr. Sanju Agarwal, Advocates ... ... For the Petitioner Mr. Saibal Bapuli, APP Mr. Arani Bhattacharyya, Advocates ... ...For the State Mr. Subhrangsu Panda, Ms. Haritri Roy, Advocates .. ..For the de facto complainant

1. Having heard the learned counsel for the petitioner and also the rival objections of the State counsel and the learned counsel for the de facto complainant, I find that the present petitioner was previously assaulted and for which one case was initiated being Chandrakona Police Station FIR No. 396 of 2025. Subsequently, thereafter, the instant case being Chandrakona Police Station Case No. 400 of 2025 was initiated on 18th August, 2025 after 9 days of the incident.

2. I find that this is a fit case for granting anticipatory bail to the petitioner.

3. Accordingly, we direct that in the event of arrest the petitioner, namely BAPAN MALLICK shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten

Thousand Only), with two sureties of like amount each, to the satisfaction of the arresting officer and shall abide by the conditions laid down under Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

4. In case the petitioner fails to adhere to any of the conditions mentioned in Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the learned Court below shall be entitled to cancel the anticipatory bail without further reference to this Court.

5. The application for anticipatory bail of the petitioner stands allowed.

6. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Apurba Sinha Ray, J.)