Mangal Ghosh And ANR v. The State Of West Bengal

12.12.2024 Sl. No.20 akd [PARTLY ALLOWED] C. R. M. (A) 4326 of 2024 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed on 03.12.2024 in connection with Palashipara Police Station Case No. 501 of 2024 dated 08.10.2024 under Sections 109/117(2)/329(3)/352/3(5) of the Bharatiya Nyaya Sanhita, 2023.

And In Re: Mangal Ghosh & Anr.

... ... Petitioners Mr. Amanul Islam Mr. Sourav Mukherjee ... ... for the petitioners Md. Adil Badr Mr. Subham Bhagat ... ... for the State 1.

Heard learned Advocates for both the parties. 2.

We have considered the materials on record. Petitioner no.1 assaulted the victim on the head, a vital part of the body, resulting in injury threatening life. Hence, we are not inclined to grant anticipatory bail to petitioner no.1.

3.

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

4.

However, allegations against petitioner no.2 are general and omnibus. Hence, we are inclined to grant anticipatory bail to petitioner no.2.

5.

Accordingly, we direct in the event of arrest, the petitioner no. 2 namely (2) Samiran Ghosh, be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten thousand only), 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 Signed By : ARUP KUMAR DAS High Court of Calcutta 13 th of December 2024 04:32:16 PM

petitioner no. 2 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