Shyam Thakur Dey And ANR. v. State Of West Bengal

27.09.2024 SL No.12 Court No.29 (gc) (Allowed) CRM (A) 3455 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Criminal Procedure Code, 1973 read with Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Swarupnagar Police Station Case No.322 of 2024 dated 18.06.2024 under Sections 447/325/307/506/34 of the Indian Penal Code. And In the matter of : Shyam Thakur Dey & Anr.

- Petitioners.

Mr. Tapan Kutta Gupta, Mr. Parvej Anam ....For the Petitioners.

Mr. Atif Ahmed Siddiqui ... 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 nature of injury which does not appear to be grievous and the circumstances under which such incident had occurred, 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, Shyam Thakur Dey and Santu Dey, 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 subject to the conditions as laid down under Section 438(2) of the Cr.P.C., 1973 corresponding to Section 482(2) of the BNSS, 2023 and on further condition that the petitioners shall meet the I.O. once in a fortnight till the submission of the final report. Signed By :

GURUPADA CHAKRABARTY High Court of Calcutta 27 th of September 2024 05:16:44 PM

4. It is also directed that the petitioners shall appear before the learned Chief Judicial Magistrate, Barasat, North 24 Parganas in connection with G.R. Case No.2696 of 2024 within 10 days 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 27 th of September 2024 05:16:44 PM