Keshab Mondal And ORS v. The State Of West Bengal

11.12.2024 Sl. No.33 akd [PARTLY ALLOWED] C. R. M. (A) 4272 of 2024 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed on 25.11.2024 in connection with Mallarpur Police Station Case No. 200 of 2024 dated 13.08.2024 under Sections 126(2)/115(2)/117(2)/109(1)/3(5) of the Bharatiya Nyaya Sanhita, 2023. (G.R. Case No.1525 of 2024) And In Re: Keshab Mondal & Ors.

... ... Petitioners Mr. Indranil Chandra Ms. Nandita Baksi ... ... for the petitioners Mr. S. S. Imam Mr. Raju Mondal ... ... for the State 1.

Heard learned Advocates for both the parties. 2.

We have considered the materials on record. It is contended there was a land dispute between the Bargadar and Raiyat of the land. FIR was lodged belatedly. In the FIR it is alleged petitioner no.1 assaulted Sahadeb with an iron rod resulting in fracture injury. Petitioner nos.2 and 3 had also participated in the assault. However, injuries caused by them are not grievous. Keeping in mind the aforesaid facts, we are not inclined to grant anticipatory bail to petitioner no.1. 3.

Accordingly, the prayer for anticipatory bail of the petitioner no.1 namely, (1) Keshab Mondal is rejected.

4.

However, in view of the extent of complicity of petitioner nos.2 and 3 in the alleged crime, we are inclined to grant anticipatory bail to petitioner nos.2 and 3.

5.

Accordingly, we direct in the event of arrest, the petitioner nos. 2 and 3 namely (2) Phatik Mondal & (3) Sidhartha Mondal, be released Signed By : ARUP KUMAR DAS High Court of Calcutta 12 th of December 2024 04:49:52 PM

on bail upon furnishing 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 petitioner nos. 2 and 3 shall appear before the jurisdictional court and pray for regular bail within four weeks from date.

6.

The application for anticipatory bail is, thus, disposed of. (Apurba Sinha Ray, J.) (Joymalya Bagchi, J.) Signed By : ARUP KUMAR DAS High Court of Calcutta 12 th of December 2024 04:49:52 PM