Karuna Mahata v. The State Of West Bengal

19.09.2024 Court No.29 Item No.51 ar CRM (A) 3385 of 2024 In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Jhargram Police Station Case No. 231 of 2024 dated 07.08.2024 corresponding to G.R Case No. 719 of 2024 under Sections 223/338/340(2)/341(1)/184/185/318(4)/61(2)/ 3(5) of the Bharatiya Nyaya Sanhita, 2023.

And In Re: Karuna Mahata Petitioner Mr. Kunal Ganguly For the Petitioner Mr. Arnab Chatterjee Ms. Debashree Brahma For the State

1. Heard the learned counsel appearing for the parties.

2. Considering the materials available in the case diary and the fact that the complicity of the petitioner is not established from the materials in the and that the owner of the truck has admitted that the petitioner is driver of the truck, 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, Karuna Mahata 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 Procedure, 1973 corresponding to Section 482(2) of the BNSS, 2023. The petitioner shall meet the I.O once in fortnight till the submission of the final report and on further condition that the petitioner shall appear before the learned Chief Judicial Magistrate, Jhargram within two weeks from date in connection with G.R Case No. 719 of 2024. In the event of Signed By :

AMITAVA ROY High Court of Calcutta 20 th of September 2024 12:18:32 PM

non-compliance of any of the conditions, the anticipatory bail shall stand automatically cancelled without any further reference to this Court.

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

5. 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 20 th of September 2024 12:18:32 PM