Calcutta High CourtCRM(A)/603/2025allowed

Aminur Islam@Hossain And ORS v. The State Of West Bengal

2025-09-08Hon'Ble Justice Dinesh Kumar Sharma3 pages

08.09.2025 Sl. no. 26 Ct. No. 3 P.M.

(Allowed) Calcutta High Court In The Circuit Bench at Jalpaiguri C.R.M. (A) 603 OF 2025 In re : An application for anticipatory bail under Section 482 of the of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Dhupguri Police Station Case No. 293 of 2025 dated 02.08.2025 under Sections 223/329(3)/115(2) /109(1)/3(5) of B.N.S..

In the matter of : Aminur Islam @ Hossain & Ors. ... petitioners Mr. Bablu Mitra, Ms. Rupa Shil .....for the Petitioners.

Mr. Aditi Shankar Chakraborty, Ld. App, Mr. Saikat Chatterjee ......for the State.

1. Learned counsel for the petitioner submits that there was a civil dispute between the parties.

2. Learned counsel submits that the cross case is filed by both the parties. Learned counsel submits that in the cross-case No. 294 of the accused person that is the complainant herein were granted bail by the Ld. Sessions Judge, Jalpaiguri vide order dated 29th August, 2025.

3. Learned counsel submits that the present prearrest bail application was declined on 11th August, 2025.

4. Learned counsel further has submitted as per the injury report three persons suffered injuries, however, in his usual fairness learned counsel submits that there is a civil dispute between the parties and the complainant in the present case have been granted bail in the counter case.

5. Thus taking into account and the facts and circumstances of this case the petitioners in the event of arrest be released on bail by furnishing personal bond of Rs. 10,000/- (Rupees ten thousand only) each with two sureties of like amount each, one of whom shall be local, to the satisfaction of the Investigating Officer, subject to the conditions as laid down under Section 438 of the Code of Criminal Procedure corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita and on further condition not to threaten or intimidate witnesses and to attend the jurisdictional Court on dates fixed.

6. The application for anticipatory bail being CRM (A) 603 of 2025 is, thus, allowed.

7. Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities. (Dinesh Kumar Sharma, J.)