Biswarup Mukherjee And ORS. v. State Of West Bengal

07.01.2025 23.

Ct. No. 28 SG [ALLOWED] C. R. M. (A) 4645 of 2024 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Lake Town Police Station Case No. 427 of 2024 dated 25.11.2024 under Sections 126(2)/115(2)/74/351(2)/117(2)/85/3(5) of BNS. And In Re: Biswarup Mukherjee and Ors.

...... Petitioners Mr. Pavan Kr. Gupta, Ms. Sofia Nesar, Mr. Santanu Sett.

...... for the petitioners Mr. Soumik Ganguly.

Mr. Asraf Mondal.

...... for the State 1.

Petitioners are the in-laws of the victim lady. It is contended there is a family dispute between the victim's husband on the one hand and the petitioners on the other hand. Over this issue, series of criminal cases have been registered. Accordingly, they pray for anticipatory bail. 2.

Learned Advocate for the State opposes the prayer for anticipatory bail.

3.

We have considered the materials on record. There is a family dispute between the de facto complainant's husband and the petitioners. An earlier criminal case was registered against the petitioners. They have been granted anticipatory bail. It is contended they have been falsely implicated in the instant case out of grudge. We have examined the injury report. Injury does Signed By :

SOURAV GHOSH High Court of Calcutta 9 th of January 2025 05:05:43 PM

not appear to be grievous. Possibility of false implication cannot be ruled out.

4.

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

5.

Accordingly, we direct that in the event of arrest, the petitioners viz., (1) Biswarup Mukherjee, (2) Dolon Champa, and (3) Sayan Mukherjee 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.

6.

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

SOURAV GHOSH High Court of Calcutta 9 th of January 2025 05:05:43 PM