Bishwajit Mandal @ Mondal And ANR v. The State Of West Bengal

02.09.2025 Sl. no. 12 Ct. No. 03 KAUSHIK ALLOWED

IN THE CIRCUIT BENCH CALCUTTA HIGH COURT

AT JALPAIGURI C.R.M. (A) 611 OF 2025 In re : An application for anticipatory bail under Section 482 of the of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Dinhata Police Station Case No. 259 of 2025 dated 19.05.2025 under Sections 126(2)/329(3)/115(2)/117(2) /174/109(1)/351(2)/3(5) of BNS.

In the matter of : Bishwajit Mandal @ Mondal & Anr. ... petitioners Mr. Sudip Guha .....for the Petitioners.

Mr. Tapan Bhattacharya, Mr. Dhiman Sil ......for the State.

Learned counsel for the petitioners submits that there is an old dispute between the parties which had led to the altercation. Learned counsel further submits that co-accused has already been granted anticipatory bail by the learned Sessions Court. Learned counsel for the State has opposed the pre-arrest bail on the ground that there was an injury on the head and the nature of injury is severe as per the injury report.

I have perused the injury report. The injury report indicates abrasion and swelling on head. The nature of weapon is blunt.

Taking into consideration of the facts and circumstances of this case petitioners are directed to join investigation as and when directed by the Investigating Officer (I.O.).

In the event, if Investigating Officer feels necessity of effecting the arrest of the petitioners, the petitioners be admitted to anticipatory bail by furnishing personal bond of Rs. 10,000/- each (Rupees ten thousand only) with two sureties of like amount each, one of whom shall be local, to the satisfaction of the Investigating Officer, subject to the conditions that they shall join and cooperate in the investigation as and when directed by the Investigating Officer and shall not threaten, tamper or intimidate the complainant or members of the family in any manner and it is also directed that the petitioners shall not contact the complainant/injured. The application for anticipatory bail is thus disposed of.

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.)