Calcutta High CourtCRM(A)/955/2024allowed

Nabanu Das v. The State Of West Bengal

2024-12-04Hon'Ble Justice Shampa Sarkar,Hon'Ble Justice Partha Sarathi Chatterjee2 pages

04.12.2024 Item No.57 Court No.1 (GB) (Allowed) Calcutta High Court In the Circuit Bench at Jalpaiguri CRM (A) 955 of 2024 In Re: - An application for anticipatory bail under section 438 of the Code of Criminal Procedure, 1973/Section 482 of the B.N.S.S. 2023, in connection with Sitalkuchi Police Station Case No.421 of 2024 dated 03.09.2024 under Sections 126(2)/115(2)/118(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023.

And In the matter of: Nabanu Das.

....Petitioner.

Mr. Hillol Saha Podder, Ms. Mousumi Das ...for the Petitioner.

Mr. Aditi Shankar Chakraborty, Mr. Subhasis Mishra ... for the State.

1. The petitioner prays for anticipatory bail on the ground that other coaccused persons were extended the same benefit. It is further submitted that investigation is complete.

2. Learned advocate for the State opposes the prayer for anticipatory bail and submits that the injury report would reflect that the petitioner has caused grievous hurt in the vital parts of the victim's body.

3. We have considered the materials on record. We find that co-accused persons have already been granted anticipatory bail. We also find that investigation is complete. Incident occurred in presence of direct evidene.

4. Under such circumstances, we are of the view that custodial interrogation will not be required. Accordingly, we direct that in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of equal amount

each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Mathabhanga. The petitioner shall appear before the jurisdictional court on the dates fixed. The petitioner shall not enter the jurisdiction of Sitalkuchi police station till the conclusion of trial and shall supply his address to the local police station within whose jurisdiction he will henceforth reside.

5. The application for anticipatory bail, being CRM (A) 955 of 2024 is, thus, disposed of.

6. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Shampa Sarkar, J.) (Partha Sarathi Chatterjee, J.)