Arindam Das v. The State Of State Of West Bengal

05.12.2024 Sl No.38 s.biswas (Allowed) Calcutta High Court In The Circuit Bench at Jalpaiguri CRM (A) 973 of 2024 In Re: An application for anticipatory bail under Section 482 of the BNSS corresponding to Section 438 of the Cr.P.C. in connection with Bhaktinagar Police Station Case No. 299/2024 dated 04.04.2024 under Section 341/324/325/307/379/506/34 of the IPC.

And In Re: Arindam Das ... ... Petitioners Mr. Somraj Paul ... for the petitioner Mr. Ujjwal Luksom Mr. Sanjiv Das ... ... for the State

1. Petitioner prays for anticipatory bail on the ground of parity with two other co-accused persons and on the further ground that charge-sheet has been submitted.

2. Learned advocate for the State produces the case diary and opposes the prayer for anticipatory bail of the petitioner.

3. We have considered the injury report. Considering the materials in the case diary and the nature of injury, we are of the view that custodial interrogation of the petitioner is not necessary and the benefit under Section 482 of the BNSS corresponding to Section 438 of the Cr.P.C. can be extended to the petitioner.

4. Accordingly, we direct that in the event of arrest, the petitioner be released on bail upon furnishing a bond of

Rs.10,000/-, with two sureties of equal amount, to the satisfaction of learned Chief Judicial Magistrate, Jalpaiguri and also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of BNSS and further condition that the petitioner shall appear before the jurisdictional court on the dates fixed.

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