Sk. Saddam Ali v. The State Of West Bengal

04.10.2024 Court No.29 Item No.48 Allowed gd/ssd CRM (A) 3586 of 2024 In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Jangipara Police Station Case No.443 of 2024 dated 25.08.2024 corresponding to G.R Case No.2670 of 2024 under Sections 329(3)/115(2)/117(2)/109/352/3(5) of the BNS Act, 2023. And In Re: Sk. Saddam Ali.

...Petitioner

Mr. Sujoy Sarkar, Mr. Rahul Chachan, Sk. Md. Ismail, Mr. Musharraf Alam For the Petitioner Mr. Arindam Sen, Mr. Samarjit Balial For the State 1.

Heard the learned counsel appearing for the parties. 2.

Considering the materials available in the case diary and the nature of the alleged offence and the statement of the victim recorded under Section 164 Cr.P.C. and having regard to the fact that there is a case and counter case between the parties and the injury report shows that the nature of the injury is simple, we are of the view that the custodial interrogation of the petitioner is not necessary.

3.

Accordingly, we direct that in the event of arrest, the petitioner, namely, Sk. Saddam Ali shall be released on bail upon furnishing a bond of Rs.5,000/- with two registered sureties of like amount, subject to the satisfaction of the Arresting Officer and also to comply with the conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the BNSS, 2023. The petitioner shall meet the I.O once in a fortnight till the submission of the final report and on further condition that the petitioner shall appear before the Jurisdictional Court within one week from date in connection with

G.R Case No.2670 of 2024. In the event of non-compliance of any of the conditions, the anticipatory bail shall stand automatically cancelled without any further reference to this Court.

4.

Accordingly, the prayer for anticipatory bail of the petitioner is allowed and the same is accordingly disposed of.

5.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Soumen Sen, J) (Uday Kumar , J)