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2025 DAILYLAW 14629 (CAL)

DHUPENDRA KUMAR SINGH AND ORS. v. STATE OF WEST BENGAL

CRM (A)/899/2025 · 2025-03-17

Debangsu Basak, Smita Das De

body2025

Judgment text

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17.03.2025 Serial no. 23 Anticipatory Bail [Allowed partly] Dd CRM (A) 899 of 2025 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Hirapur Police Station Case No. 354 of 2024 dated 17.12.2024 under Sections 191(2)/191(3)/190/115(2)/117(2)/109/351(3)/3(5) of Bharatiya Nyaya Sanhita, 2023 pending before Ld. CJM, Paschim Bardhaman, Asansol. -And- In the matter of : DHUPENDRA KUMAR SINGH AND ORS. … … Petitioners Mr. Sabir Ahmed, Md. Bani Israil, Advocates … … For the Petitioners Ms. Baisali Basu, Md. Kutubuddin,, Advocates … …For the State Mr. Avik Ghatak, Mr. Fahad Imam, , Advocate … …For the de facto complainant 1. CRM (A) 899 of 2025 is dismissed as no pressed so far as the petitioner no. 2 (Niraj Kumar Singh) is concerned as the said petitioner has been arrested. 2. The co-ordinate Bench granted anticipatory bail to co- accuseds on February 27, 2025 passed in CRM(A) 528 of 2025. 3. Claim for parity is opposed on behalf of the State. It is submitted that, the petitioners are involved in damaging Government property and that they are named by eye- witnesses. 4. We find that, co-accuseds were granted anticipatory bail by the co-ordinate Bench after taking into consideration that there was a free fight between two groups and that there were case and counter-case registered. The same contention 2 of the State was made today was noted by the co-ordinate Bench. Thereafter, the co-ordinate Bench proceeded to grant anticipatory bail to the petitioners. 5. In such circumstances, we grant anticipatory bail to the petitioner nos. 1 (Dhupendra Kumar Singh), 3. (Nikki Paswan) and petitioner no. 4 (Sk. Baharuddin @ Jhantu). 6. Accordingly, we direct that in the event of arrest the petitioner nos. 1 (Dhupendra Kumar Singh), 3. (Nikki Paswan) and petitioner no. 4 (Sk. Baharuddin @ Jhantu) shall 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 be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and on further condition that the said petitioners while on bail, shall not enter the jurisdiction of Asansol Sub-Division and shall provide the address where they shall presently reside to the Investigating Agency as well as the jurisdictional Court and shall report to the Officer-in-Charge of the police station concerned within whose jurisdiction they shall presently reside once in a week until further orders. Petitioners shall appear before the jurisdictional Court and pray for bail within four weeks from date. 7. Prayer for anticipatory bail of the petitioner nos. 1 (Dhupendra Kumar Singh), 3. (Nikki Paswan) and petitioner no. 4 (Sk. Baharuddin @ Jhantu) is allowed. 8. CRM (A) 899 of 2025 is disposed of. (Debangsu Basak, J.) (Smita Das De, J.)