← Library
Calcutta High CourtCRM (A)/4602/2024allowed

Swapan Mondal And ANR v. The State Of West Bengal

2024-12-23Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Bivas Pattanayak2 pages

D/L55 23.12.2024 Rohit ct.no.28 C.R.M. (A) 4602 of 2024 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Jiaganj Police Station Case No. 318/24 dated 04.09.2024 under Sections 126(2)/118/109/3(5) of the Bharatiya Nyaya Sanhita.

And In Re: 1. Swapan Mondal

2. Rajesh Mondal

...Petitioners

Mr. Tapodip Gupta ...for the petitioners Mr. Anwar Hossain Ms. Debjani Sahu ...for the State 1.

Heard learned Advocates for the parties.

2.

We have considered the materials on record.

Incident occurred over a land dispute. Though one of the injuries is grievous, incident does not appear to be a pre meditated one and had occurred on the spur of the moment.

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. Swapan Mondal, 2. Rajesh Mondal 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. Petitioners 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.

(Bivas Pattanayak, J.) (Joymalya Bagchi, J.)