Anup Mahato And ANR. v. The State Of West Bengal
04.07.2025 Item No.40 Ct.No.02 rc.
Allowed
IN THE HIGH COURT AT CALCUTTA
CIRCUIT BENCH AT JALPAIGURI CRIMINAL MISCELLANEOUS JURISDICTION C.R.M. (A) 450 of 2025 In Re : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure read with Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Pradhan Nagar Police Station Case No. 176 of 2025 dated 12.03.2025.
And In Re :
(1) Anup Mahato
(2) Suman Kuamr Saha ... Petitioners Mr. Subham Ghosh Mr. Mayank Roy ... for the Petitioners Mr. Abhijit Sarkar Mr. Namrata Das ... for the State Heard learned counsels for the parties.
Learned counsel for the petitioners submits that the complaint has been lodged due to business rivalry between the parties. No incident as alleged occurred at all. Learned counsel for the State opposes the prayer. I have perused the material on record. Besides statement of co-accused in police custody, there does not appear to be any other incriminating material against the petitioner. The statement of the victim recorded under
Section 164 of the Code of Criminal Procedure does not name the petitioners.
Considering the material on record as well as the extent of complicity of the petitioners in the alleged offence this Court is inclined to grant anticipatory bail to them. Accordingly, in the event of arrest, the petitioners (1) Anup Mahato and (2) Suman Kuamr Saha be released on bail on furnishing bond of Rs.10,000/-(Rupees Ten Thousand only) each, with two sureties of like amount each, to the satisfaction of the arresting officer and subject to provision under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The petitioners shall appear before the jurisdictional Court and pray for regular bail within two weeks from date.
The application for anticipatory bail is, thus, disposed of.
Case Diary be returned.
Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.
(Suvra Ghosh, J.)