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Calcutta High CourtCRM(A)/474/2025disposed

Binay Roy@Binay Roy And ORS v. The State Of West Bengal

2025-07-10Hon'Ble Justice Suvra Ghosh2 pages

10.07.2025 Item No.15 Ct.No.02 rc.

Allowed

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI CRIMINAL MISCELLANEOUS JURISDICTION C.R.M. (A) 474 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 Bagdogra Police Station Case No. 283 of 2024 dated 16.08.2024.

And In Re :

(1) Binoy Roy @ Binay Roy

(2) Rekha Roy @ Rekha Roy Singha

(3) Biswas Roy

(4) Thalen Roy

(5) Shefali Roy

(6) Tarun Roy

(7) Siddhartha Roy ... Petitioners Mr. Akhil Biswas Ms. Kakali Bose Mr. Sudhindra Das ... for the Petitioners Mr. Aditi Shankar Chakraborty Mr. Kallol Nag ... for the State Supplementary affidavit filed by the petitioners is taken on record.

Heard learned counsels for the parties.

It appears that there was a free fight between the parties on the issue of the defacto complainant obstructing the public road by stacking material therein. Both the parties sustained injuries. There was no hospitalization.

Charge sheet has been submitted. Case and counter case with regard to the same incident are pending the complaint lodged by the 1st petitioner herein being prior in time. In view of the above, this Court is inclined to grant anticipatory bail to the petitioners.

Accordingly, in the event of arrest, the petitioners (1) Binoy Roy @ Binay Roy, (2) Rekha Roy @ Rekha Roy Singha, (3) Biswas Roy, (4) Thalen Roy, (5) Shefali Roy, (6) Tarun Roy and (7) Siddhartha Roy 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.)