Xxxx v. State Of West Bengal And ANR

30.09.2024 Court No.29 Item No.13 ar CRM (A) 3396 of 2024 In Re:- An application for anticipatory bail under 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Tehatta Police Station Case No. 480 of 2024 dated 03.07.2024 corresponding to S.L No. 1394 of 2024 under Sections 85/76/64/62/251(3)/3(5) of the Bharatiya Nyaya Sanhita. And In Re: XXX Petitioner Mr. Asraf Mondal Md/ Bani Israil For the Petitioner Mr. Subhomay Bhattacharya Mr. Abhishek Verma For the State Mr. Amanul Islam Mr. Sourav Mukherjee For the De-facto Complainant

1. The report as regards service upon the de-facto complainant is taken on record.

2. Heard the learned counsel appearing for the parties.

3. Considering the materials available in the case diary, the nature and extent of complicity of the petitioner in the commission of the alleged offence and having regard to the fact that the specific allegation has been made against the brother-in-law of the de-facto complainant and the allegation against the present petitioner appears to be omnibus, we are of the view that custodial interrogation of the petitioner is not necessary.

4. Accordingly, we direct that in the event of arrest, the petitioner, namely, Kishan Tikadar shall be released on bail upon furnishing a bond of Rs.10,000/-, with two registered sureties of like amount each, 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 Signed By :

AMITAVA ROY High Court of Calcutta 1 st of October 2024 01:40:01 PM

Procedure, 1973 corresponding to Section 482(2) of the BNSS, 2023. The petitioner shall meet with the I.O once in a fortnight till the submission of the final report and on further condition that the petitioner shall appear before the learned Additional Chief Judicial Magistrate, Tehatta Nadia, within Ten days from date in connection with S.L No. 1394 of 2024. In the event of non-compliance of any of the conditions, the anticipatory bail shall stand automatically cancelled without any further reference to this Court.

5. Accordingly, the prayer for anticipatory bail of the petitioner is allowed and the same is accordingly disposed of.

6. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Soumen Sen, J) (Uday Kumar, J) Signed By :

AMITAVA ROY High Court of Calcutta 1 st of October 2024 01:40:01 PM