Amal Kumar Bhunia And ORS v. The State Of West Bengal

03.10.2024 AD-32 Court No.29 TN (Partly Allowed) CRM (A) 3533 of 2024 In Re:- An application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Nandakumar Police Station Case No. 415 of 2024 dated 07.07.2024 under Sections 329(4)/126(2)/115(2)/124(1)/3(5) of the BNS, 2023. And In the matter of: Amal Kumar Bhunia and others .... petitioners Mr. Navanil De, Mr. Subhrajit Dey ....for the petitioners Mr. Bibhasan Bhattacharyya, Mrs. Manasi Roy ....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 the gravity of the offence and having regard to the statement of the victim recorded under Section 164 of the Code of Criminal Procedure, it appears that the petitioner nos. 1 and 2 are responsible for the acid burn injury of the victim.

3. Hence, the prayer for anticipatory bail of the petitioner nos.1 (Amal Kumar Bhunia) and 2 (Kamal Bhunia) is rejected.

4. However, considering the involvement of the petitioner nos.3 and 4, we are of the view that custodial interrogation of the petitioner nos. 3 and 4 is not necessary.

5. Accordingly, we direct that in the event of arrest, the petitioner nos.3 and 4, namely, Shyamal Bhunia @ Shyamal Kumar Bhunia and Susama Hait Bhunia respectively shall Signed By :

TANMOY NANDAN High Court of Calcutta 4 th of October 2024 10:24:12 AM

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 482(2) of the BNSS, 2023.

6. The petitioner no.4 shall meet the Investigating Officer as and when required following the norms of the female accused and the petitioner no.3 shall meet the Investigating Officer once in a week till submission of the final report.

7. It is further directed that the present accused petitioner nos.3 and 4 shall appear before the learned Chief Judicial Magistrate, Purba Midnapore at Tamluk by 8th October, 2024.

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

9. 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 4 th of October 2024 10:24:12 AM