Maskidul Miah@Maqsudul And ANR v. The State Of West Bengal
16.
10.04.2025 Court No.1 (Papiya) Allowed CALCUTTA HIGH COURT
IN THE CIRCUIT BENCH AT JALPAIGURI
APPELLATE SIDE CRM (A) 263 of 2025 In Re: - An application for anticipatory bail under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Rajganj Police Station Case No.
of 2024 dated 04/12/2024 under Sections 303(2)/317(2)/3(5) of the Bharatiya Nyaya Sanhita Act, 2023.
And In the matter of: - Maskidul Miah @ Maqsudul & Anr. ...petitioners.
Mr. Biswarup Ray, Adv.
Ms. Supriya Debnath, Adv.
...for the petitioners.
Mr. Nilay Chakraborty, Ld. APP.
Ms. Sukanya Adhikary, Adv.
...for the State.
1. The allegation is of cruelty to animals. I am told that one cattle died.
2. Learned Advocate for the petitioners says that there is no question of smuggling. The cattle were being transported at the instance of a lawful trader. The cattle have been returned to the lawful owner. He prays for anticipatory bail.
3. Learned State Counsel opposes the prayer.
4. I have considered the facts and circumstances of the case and the material in the case diary. Given the nature of allegation, I am of the opinion that immediate custodial interrogation of the petitioners may not be necessary so long as they cooperate with the Investigating Officer.
5. Hence, I am inclined to allow their prayer for anticipatory bail.
6. Accordingly, in the event of arrest, the petitioners, namely, Maskidul Miah @ Maqsudul and Abdul Majid @ Abdul Majsid @ Subhan, shall be released on bail upon furnishing bonds of Rs.10,000/- (Rupees Ten Thousand) each, 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 petitioners shall meet the Investigating Officer of this case once in a fortnight and as and when call for, until further orders. Within seven days from date, the petitioners shall go and meet the Investigating Officer of the concerned police station.
7. The application for anticipatory bail being CRM (A) 263 of 2025 is, thus, allowed and disposed of.
8. Criminal Section is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities.
(Arijit Banerjee, J.)