Indrajit Debnath And ORS v. The State Of West Bengal

28.11.2024 Sl No.35 s.biswas (Allowed) Calcutta High Court In The Circuit Bench at Jalpaiguri CRM (A) 920 of 2024 In Re: An application for anticipatory bail under Section 482 of the BNSS in connection with Dinhata Police Station Case No. 541/2024 dated 08.10.2024 under Sections 329(3)/117(2)/118(2)/109(1)/351(2)/3(5) of the BNSS. And In Re: Indrajit Debnath and others ... ... Petitioners Mr. Subhasish Misra Mr. Satyajit Paul Mr. Abhijit Chanda Ms. Keya Sarkar ... for the petitioners Mr. Abhijit Sarkar Mr. Sourav Ganguly ... ... for the State

1. The petitioners pray for pre-arrest bail. Learned counsel for the petitioners submits that there is a case and counter case. The parties are related to each other. The dispute relates to cutting of bamboo.

2. Learned counsel appearing on behalf of the State produces the case diary and opposes the prayer for anticipatory bail of the petitioners.

3. Upon hearing the parties and upon perusal of the materials in the case diary, this court finds that there is a case and counter case. Considering all these aspects, we are of the view that custodial interrogation of the petitioners is not necessary and the benefit under Section 482 of the BNSS

can be extended to the petitioners to grant anticipatory bail to the petitioners.

4. Accordingly, we direct that in the event of arrest, the petitioners be released on bail upon furnishing a bond of Rs.10,000/- each, with two sureties of equal amount each, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioners shall meet the investigating officer once in a week until further orders.

5. The application for anticipatory bail is, thus, disposed of. (Partha Sarathi Chatterjee, J.) (Shampa Sarkar, J.)