ARUP SAHA @ NAYAN AND ORS. v. STATE OF WEST BENGAL
CRM (A)/804/2025 · 2025-03-06
Gaurang Kanth, Joymalya Bagchi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 13289 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 13289 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
06.03.2025 Sl. No.30 akd [ALLOWED] C. R. M. (A) 804 of 2025
In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed on 28.02.2025 in connection with Chandannagar Police Station Case No.19 of 2025 dated 06.02.2025 under Sections 126(2)/117(2)/109/303(2)/351(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023. (G.R. Case No.211 of 2025)
And
In Re: Arup Saha @ Nayan & Ors.
… … Petitioners
Mr. Sanat Kumar Das
Mr. Sujan Chatterjee
… … for the petitioners
Mr. Samarjit Balial
Mr. N. Bera
Mr. Bodhidipta Mondal
Mr. Rupam Das
… … for the de-facto complainant
Mrs. Manisha Sharma
Mrs. Manasi Roy
… … for the State
1. It is submitted on behalf of the petitioners there was a dispute between themselves and the victim who had supplied public address system in a festival. They have been falsely implicated. Accordingly, they pray for anticipatory bail.
2. Learned Advocate for the State opposes the prayer for anticipatory bail.
3. Learned Advocate for the de-facto complainant also opposes the prayer for anticipatory bail. He submits his client had suffered fracture wound.
4. We have considered the materials on record. Victim had supplied a public address system during Puja festival. The system was not operating properly. Dispute cropped up. Petitioners assaulted the victim. Injuries apart from a fracture on a finger are not grievous. Under such
2 circumstances, we are of the opinion custodial interrogation of the petitioners is not necessary and they may be granted anticipatory bail however, subject to strict conditions.
5. Accordingly, we direct in the event of arrest, the petitioners, namely, (1) Arup Saha @ Nayan, (2) Parikshit @ Parikshit Das, (3) Tuhin @ Tuhin Mondal, (4) Bittu @ Suvankar Mondal & (5) Chandan Rajak, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only) each, with two sureties of like amount each, to the satisfaction of the arresting officer and also subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and on further condition that the petitioners shall meet the Investigating Officer once in a week until further orders. They shall appear before the jurisdictional court and pray for regular bail within four weeks from date.
6. The application for anticipatory bail is, thus, disposed of.
(Gaurang Kanth, J.)
(Joymalya Bagchi, J.)