Raja @ Md Raj And ORS. v. State Of West Bengal

24.09.2024 AD-10 Court No.29 TN (Allowed) CRM (A) 3416 of 2024 In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Narkeldanga Police Station Case No.155 of 2024 dated 17.07.2024 under Sections 109/3(5)/3(6) of the Bharatiya Nyaya Sanhita.

And In the matter of : Raja @ Md. Raj and others - petitioners Mr. Aniruddha Bhattacharyya, Ms. Rai Das, Ms. Anushka Bose ....for the petitioners Mr. Prasun Kr. Dutta, Ms. Sujata Das ... For the State

1. Heard the learned counsel for the parties.

2. On the day of Muharram, an incident had taken place in which it is alleged that both sides have suffered injury and a case and counter-case has been filed.

3. Considering the materials available in the case diary, the nature and extent of complicity of the present petitioners in the commission of the alleged offence and the injury report which shows that wound on the cheek and hand and having regard to the circumstances under which such incident had taken place and also taking into consideration that two of the injured persons have not named the present petitioners, we are of the view that custodial interrogation of the petitioners is not necessary.

Signed By :

TANMOY NANDAN High Court of Calcutta 25 th of September 2024 11:02:43 AM

4. Accordingly, we direct that in the event of arrest, the petitioners, namely, Raja @ Md. Raj, Chotu @ Abdul Hafiz and Saheb @ Md. Aziz respectively, shall be released on bail upon furnishing a bond of Rs.20,000/- each, 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 and on further condition that the petitioners shall meet the I.O. once in a week till the submission of the final report.

5. It is also directed that the petitioners shall not enter the place of occurrence except for the purpose of meeting the I.O. till the submission of the final report.

6. It is further directed that the petitioners shall appear before the learned Chief Judicial Magistrate, Sealdah, South 24 Parganas in connection with G.R. Case No.1309 of 2024 within two weeks 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 25 th of September 2024 11:02:43 AM