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Calcutta High CourtCRM (A)/3436/2025allowed

Rakesh Dolai And ORS. v. State Of West Bengal

2025-09-26Hon'Ble Justice Jay Sengupta2 pages

26.09.2025 Court No.28 Item No.30 ssi CRM (A) 3436 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Suraksha Nagarik Sanhita in connection with Daspur PS Case No.452 of 2025 dated 02.09.2025 under Sections 126 (2)/115 (2)/117(2)/109(1)/140(3)/351(2) & 3 (5) of BNS 2023. And In the matter of: Rakesh Dolai & others.

....Applicants/Petitioners.

Mr. Siddhartha Sarkar Ms. K. Kubra ...for the petitioners Mr. Kaushik Kundu Mrs. Manasi Roy ...for the State Learned counsel appearing on behalf of the petitioners submits as follows. There was an altercation between neighbours which resulted in injuries on both sides, but none was grievous in nature. The petitioners' complaint was not registered as an FIR. Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail and relies on the statements of witnesses and the injury report which, however, does not show inflicting of any grievous injury.

Considering the above and the other materials available in the case diary, I am inclined to grant anticipatory bail to the petitioners. Accordingly, the application for anticipatory bail of the petitioners is allowed.

However, in the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of

the Arresting Officer and also be subject to 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 and on further condition that the petitioners shall co-operate with investigation and shall not threaten or intimidate the witnesses. The petitioners shall meet the I.O. once a fortnight till submission of report in final form. The application for anticipatory bail is, thus, disposed of. (Jay Sengupta, J.)