Naim Aktar @ Nayem Sk. @ Nayom And ANR v. The State Of West Bengal

09.01.2025 07.

Ct. No. 28 SG [ALLOWED] C. R. M. (A) 4427 of 2024 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with G.R. Case No. 4507 of 2024 arising out of Baishnabnagar Police Station Case No. 609 of 2024 dated 30.06.2024 under Sections 341/324/326/307/34 of the Indian Penal Code. And In Re: Naim Aktar @ Nayem Sk. @ Nayom and Anr. ... ... Petitioners Mr. Mrityunjoy Chatterjee, Ms. Suchismita Chakrabarty, Mr. D. Majumder, Mr. A. Poali.

.... For the petitioners Mr. Ashok Das.

.... For the State Mr. Arup Kumar Bhowmick.

... for the de facto complainant 1.

Heard learned Advocates for the parties.

2.

We have considered the materials on record. Injuries occurred in course of a free fight over building houses on village land. Though injuries are severe, incident occurred on the spur of the moment and was not a pre-meditated one. Petitioners do not have criminal antecedents and there is no chance of abscondence.

3.

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

4.

Accordingly, we direct that in the event of arrest, the petitioners viz., (1) Naim Aktar @ Nayem Sk. @ Nayom and (2) Saidul Hoque 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 the Bharatiya Nagarik Suraksha Sanhita, 2023. They shall appear before the jurisdictional court and pray for regular bail within four weeks from date.

5.

The application for anticipatory bail is, thus, disposed of. (Gaurang Kanth, J.) [Joymalya Bagchi, J.]