Nahera Bibi @ Bulbuli Bibi And ORS v. The State Of West Bengal

19.09.2024 SL No.33 Court No.29 (gc) (Allowed) CRM (A) 3367 of 2024 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 filed in connection with Salar Police Station Case No.152 of 2024 dated 06.05.2024 under Sections 341/323/325/307/506/34 of the Indian Penal Code subsequently charge sheeted under Sections 341/323/325/308/506/34 of the Indian Penal Code. And In the matter of : Nahera Bibi @ Bulbuli Bibi & Ors. - Petitioners.

Mr. Manas Kumar Das ....For the Petitioners.

Mr. Madhusudan Sur, Ld. A.P.P., Mr. Sourat Nandy ... For the State.

1. Heard the learned Counsel 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 having regard to the fact that the dispute arose with regard to the cultivation and consumption of onions over which the injured has sustained injuries as revealed from the injury report and taking into consideration the circumstances under which such incident had occurred and, moreover, the charge-sheet has already been filed, we are of the view that custodial interrogation of the petitioners is not necessary.

3. Accordingly, we direct that in the event of arrest, the petitioners namely, Nahera Bibi @ Bulbuli Bibi, Usman Sk. @ Samrat Sk and Farid Sk., shall be released on bail upon furnishing a bond of Rs.10,000/- each, with two registered sureties of like amount each, to the satisfaction of the arresting officer and also subject to Signed By :

GURUPADA CHAKRABARTY High Court of Calcutta 20 th of September 2024 11:30:30 AM

the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the BNSS, 2023.

4. It is further directed that the petitioners shall appear before the learned Additional Chief Judicial Magistrate at Kandi, Murshidabad in connection with G.R. Case No.810 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.) (Uday Kumar, J.) Signed By :

GURUPADA CHAKRABARTY High Court of Calcutta 20 th of September 2024 11:30:30 AM