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Calcutta High CourtCRM (A)/4161/2024allowed

Suman Sutradhar And ANR v. The State Of West Bengal And ANR

2024-11-29Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

29.11.2024 tkm/ct 28 C.R.M. (A) 4161 of 2024 sl no. 52 In Re : An application for anticipatory bail under section 482 of BNSS 2023 in connection with Balurghat P.S Case no. 602 of 2024 dated 29.7.2024 under sections 329(4)/117(2)/64/62/351(2)/3(5) of BNS 2023 Allowed and In Re : Suman Sutradhar & Anr.

...... petitioners Mr. Sayan De Mr. K Shome Mr. S Kanjilal Mr. Abhijit Mondal ...... for the petitioners Mr. Binoy Kr. Panda Ms. Mamata Jana ...... for the State

1. Petitioners submit there was a dispute between the neighbours over planting of trees. They have been falsely implicated. They prayer for anticipatory bail.

2. Learned lawyer for the State opposes the prayer.

3. Inspite of service nobody appears for the victim.

4. We have considered the materials on record including the statement of the victim. Victim alleged petitioner had dragged her to a cowshed. At that time her husband rescued her. Possibility of exaggeration and false implication due to prior enmity cannot be ruled out.

5. Under such circumstances, we are inclined to grant anticipatory bail to the petitioners.

6. Accordingly, we direct that in the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs. 10,000/-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 BNSS 2023.

7. Petitioners shall appear before the jurisdictional court and pray for regular bail within four weeks from date.

8. The application being CRM (A) 4161 of 2024 is disposed of. (Gaurang Kanth , J.) (Joymalya Bagchi, J.)