Sirajul Miah@Sahinur Miah v. The State Of West Bengal

04-04-2025 (ct. no.01) KOLE Allowed In the High Court At Calcutta Jalpaiguri Circuit Bench CRM (A) 233 of 2025 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure/Section 482 of the BNSS in connection with Sahebganj Police Station Case No. 673 of 2024 dated 20.11.2024 under Sections 324(2)/351(2)/117(2)/74/109/3(5) of the BNS, 2023.

- A n d - In the matter of : Sirajul Miah @ Sahinur Miah .... Petitioner.

Ms. Matan Chakraborty, ... For the Petitioner.

Mr. Abhijit Sarkar, Mr. Subhasish Misra, ... For the State.

1.

The petitioner says that the incident occurred in relation to a dispute regarding cutting of crops. The petitioner had no intention to hurt anybody. He is fully prepared to cooperate with the Investigating Officer. He prays for anticipatory bail. 2.

Learned State Advocate, while opposing the prayer, shows me the medical report. The injury sustained by the victim has been described as 'simple'.

3.

On an overall assessment of the material on record, the nature and gravity of the alleged offence and the possible extent of complicity of the petitioner in the alleged crime, I am of the view that immediate custodial interrogation of the petitioner may not be necessary so long as he fully cooperates with the Investigating Officer.

4.

Accordingly, in the event of arrest, the petitioner, namely Sirajul Miah @ Sahinur Miah, shall be released on bail upon

furnishing a bond of Rs.10,000/-, with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer and shall abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 until further orders and on further condition that the petitioner shall report to the Investigation Officer within seven days. The petitioner shall report to the Officer in Charge of the concerned Police Station once in a fortnight and as and when called for until further orders.

5. In case the petitioner fails to adhere to any of the conditions mentioned hereinabove or in Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the learned Court below shall be entitled to cancel the anticipatory bail without further reference to this Court. 6.

The application for anticipatory bail being CRM (A) 233 of 2025 is disposed of.

7.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. ( Arijit Banerjee, J. )