Sk. Mohasin And ANR v. The State Of West Bengal

05.11.2024 Sl. No.6 akd [ALLOWED] C. R. M. (A) 3699 of 2024 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed on 26.09.2024 in connection with Jagatballavpur Police Station Case No.44 of 2024 dated 26.02.2024 under Sections 341/325/326A/506/34 of the Indian Penal Code. (G.R. Case No.934 of 2024) And In Re: Sk. Mohasin & Anr.

... ... Petitioners Mr. Debashis Sinha Mr. Rishav Ray ... ... for the petitioners Mr. Sandip Chakraborty Mr. Aslam Parvez ... ... for the State 1.

Petitioner no.1 is the father-in-law and petitioner no.2 is the maternal uncle-in-law of the victim respectively. 2.

It is submitted on behalf of the petitioners that there was matrimonial dispute between the victim and daughter of petitioner no.1. Series of criminal cases are pending by and between the parties. Petitioners have been falsely implicated. Accordingly, they pray for anticipatory bail.

3.

Learned Advocate for the State opposes the prayer for anticipatory bail and submits petitioner no.2 threw acid resulting in acid burn injuries.

4.

We have considered the materials on record. A matrimonial dispute had broken out between the victim and the daughter of petitioner no.1. Criminal cases are pending by and between the parties. Injury report shows acid burn injuries are superficial and simple in nature. Under such circumstances, we are of the opinion custodial Signed By : ARUP KUMAR DAS High Court of Calcutta 7 th of November 2024 12:51:24 PM

interrogation of the petitioners is not necessary and they may be granted anticipatory bail.

5.

Accordingly, we direct that in the event of arrest, the petitioners, namely (1) Sk. Mohasin & (2) Ekramul Middya, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only) each, with two sureties of like amount each, to the satisfaction of the arresting officer and also subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and on further condition that the petitioners shall appear before the court below and pray for regular bail within four weeks from date. 6.

The application for anticipatory bail is, thus, disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By : ARUP KUMAR DAS High Court of Calcutta 7 th of November 2024 12:51:24 PM