Swapan Jana v. The State Of West Bengal And ANR

13.01.2025 12.

Ct. No. 28 SG [ALLOWED] C. R. M. (A) 4677 of 2024 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Sabang Police Station Case No. 204 of 2024 dated 07.06.2024 under Sections 341/323/325/354B/307/506/34 of IPC and addition Section 376 of IPC.

And In Re: Swapan Jana.

... ... Petitioner Mr. Navanil De, Mr. Srinjan Ghosh, Mr. Shoumilya Mazumder.

.... for the petitioner Ms. Sukanya Bhattacharyya, Ms. Sanjida Sultana.

.... for the State Ms. Trina Mitra.

... for the victim 1.

Heard learned Advocates for the parties.

2.

We have considered the materials on record. Incident occurred in the course of a free fight. Though victim says her wearing apparel was torn, the said conduct requires to be assessed in light of the attending circumstance i.e. a fight between two groups.

3.

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

4.

Accordingly, we direct that in the event of arrest, the petitioner viz., Swapan Jana be released on bail upon furnishing a bond of Rs.10,000/-, 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. He 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.)