Calcutta High CourtCRM (A)/3632/2024partly allowed

Manjur Ali @ Mantu And ORS. v. State Of West Bengal

2024-10-07Hon'Ble Justice Soumen Sen,Hon'Ble Justice Uday Kumar2 pages

07.10.2024 SL No.64 Court No.29 (SSS) (Partly Allowed) CRM (A) 3632 of 2024 In Re:- An application for anticipatory bail under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023; under Section 483 of the Code of Criminal Procedure, 1973 filed in connection Chanchal Police Station Case No.918 of 2024 dated 21.08.2024 under Sections 126(2)/351(3)/118(2)/109(1)/324(4)/3(5) of the BNSS, 2023.

And In the matter of Manjur Ali @ Mantu and Ors.

- Petitioners.

Mr. Omar Faruk Gazi, Ms. Bidisha Das, Ms. Susmita Das, Advs.

......For the petitioners.

Mr. Imran Ali, Mr. Mir Anuruzzaman, Advs.

....For the State.

1. Heard learned Counsels for the parties.

2. Considering the materials available in the case diary and having regard to the extent and nature of the dispute and involvement of the petitioner in the commission of alleged offence and statement of the injured under Section 180 of the Criminal Procedure Code, we are not inclined to grant anticipatory bail to the petitioner nos.1, 2, 4 and 5.

3. However, having regard to the fact that petitioner no.3 is a lady of 60 years, we are of the view that custodial interrogation of the said petitioner is not necessary.

4. Accordingly, we direct that in the event of arrest, the petitioner no.3 namely, Khairun Bibi, shall be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like amount each, of which one 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 Code of Criminal Procedure, 1973. It is further directed that the petitioner no. 3 shall meet the Investigating Officer and cooperate in the investigation and shall not leave the jurisdiction of Police Station Chanchal without the leave of the Investigating Officer.

5. It is further directed that the petitioner No. 3 shall appear before the learned Additional Chief Judicial Magistrate, Chanchal, Malda in connection with G.R. Case No.2435 of 2024 within two weeks from date.

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

7. 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.)