Calcutta High CourtCRM (A)/3404/2024allowed

Mafuj Ali v. The State Of West Bengal And ANR

2024-09-30Hon'Ble Justice Soumen Sen,Hon'Ble Justice Uday Kumar2 pages

30.09.2024 AD-17 Court No.29 TN (Allowed) CRM (A) 3404 of 2024 In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Kaliyaganj Police Station Case No. 311 of 2024 dated 26.07.2024 under Sections 333/115(2)/64(1)/62/303(2)/351(2)/ 3(5) of the BNS, 2023.

And In the matter of: Mafuj Ali .... petitioner Mr. Kaushik Chaudhury, Ms. Busra Khatun ....for the petitioner Mr. Subhamoy Bhattacharya, Mr. Debanik Das ....for the State Mr. Abhinav Rakshit ....for the de facto complainant

1. Learned counsel for the petitioner submits that out of previous grudge, a false complaint has been lodged against the petitioner.

2. Learned counsel for the de facto complainant and the State have opposed the prayer for anticipatory bail.

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, the nature and gravity of the offence and the statement of the victim recorded under Section 164 of the Code of Criminal Procedure, we are of the view that custodial interrogation of the petitioner is not necessary.

Signed By :

TANMOY NANDAN High Court of Calcutta 1 st of October 2024 10:28:37 AM

4. Accordingly, we direct that in the event of arrest, the petitioner, namely, Mafuj Ali shall be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer and also subject to the conditions as laid down under Section 482(2) of the BNSS, 2023.

5. The petitioner shall meet the Investigating Officer once in a fortnight till submission of the final report.

6. It is further directed that the present accused petitioner shall appear before the learned Chief Judicial Magistrate, Raiganj, Uttar Dinajpur within ten days from date.

7. Accordingly, the application for anticipatory bail is disposed of.

8. 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 :

TANMOY NANDAN High Court of Calcutta 1 st of October 2024 10:28:37 AM