Ashis Das And ANR. v. State Of West Bengal

A 81 December 1, 2025 Ct. 28 SG CRM(A) 3805 of 2025 Allowed An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Raiganj Police Station Case No.535 of 2025 dated 23.05.2025 under Sections 126(2)/115(2)/109/74/351(2)/ 3(5) of the BNS, 2023.

And In the matter of:

Ashis Das and another ... petitioners Mr. Abhijit Chandra Majumder Mr. Sourav Mondal Mr. Nitai Chandra Saha ... for the petitioners Mr. Atanu Ghosh ... for the State Learned counsel for the petitioners submits that the alleged victim and his sister were in the habit of stealing mobile phones. An altercation occurred. The petitioners have been falsely implicated in this case.

Learned counsel for the State opposes the prayer for anticipatory bail and refers to the statements of the victim and other witnesses and the injury report.

Considering the nature of allegations and the materials available in the case diary, although I am inclined to grant anticipatory bail to the petitioners, the movement of the petitioners is required to be restricted for a limited period. In the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- (rupees ten thousand) each with two sureties of like amount each, one of

whom must be local, to the satisfaction of the Arresting Officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the BNSS, 2023 and on the further conditions that the petitioners shall cooperate with the investigation, shall meet the investigating officer once a fortnight till submission of report in final form, shall stay beyond the jurisdiction of Raiganj Police Station for the period of four months from this date except for meeting the investigating officer or attending the jurisdictional court and shall not threaten or intimidate witnesses.

The application for anticipatory bail is, thus, allowed. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of requisite formalities.

(Jay Sengupta, J.)