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Calcutta High CourtCRM (A)/4314/2024partly allowed

Choton Das @ Chhotan Das And ORS v. The State Of West Bengal

2024-12-12Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Apurba Sinha Ray2 pages

12.12.2024 Sl. No.8 akd [PARTLY ALLOWED] C. R. M. (A) 4314 of 2024 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed on 02.12.2024 in connection with Rampurhat Police Station Case No. 332 of 2024 dated 07.09.2024 under Sections 126(2)/118(1)/118(2)/109/3(5) of the Bharatiya Nyaya Sanhita, 2023. (G.R. Case No.1646 of 2024) And In Re: Choton Das @ Chhotan Das & Ors.

... ... Petitioners Mr. Prosenjit Mukherjee ... ... for the petitioners Mr. Prasun Kumar Dutta .. ld. Addl. Public Prosecutor Ms. Trina Mitra ... ... for the State 1.

Heard learned Advocates for both the parties. 2.

We have considered the materials on record. Petitioner no.1 dealt a knife blow resulting in grievous injuries. Hence, 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) Choton Das @ Chhotan Das is rejected. 4.

However, allegations against petitioner nos.2 and 3 are general and omnibus. Hence, 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) Loton Das @ Lotan Das & (3) Bhim Das, be released 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 Signed By : ARUP KUMAR DAS High Court of Calcutta 13 th of December 2024 04:32:16 PM

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 13 th of December 2024 04:32:16 PM