02.04.2025 Court No.28 Item No.25 tbsr Allowed CRM (A) 1063 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita in connection with Kotwali P.S. Case No.176 of 2025 dated 12.02.2025 under Sections 126(2)/115(2)/117(2)/118(2)/109/3(5) of the Bharatiya Nyaya Sanhita. And In the matter of: Utsav Das and Ors. ….Petitioners. Mr. Kushal Kumar Mukherjee Mrs. Suchismita Dutta …for the petitioners. Mr. Partha Pratim Das Ms. Sima Biswas …for the State. Learned counsel appearing on behalf of the petitioners submits as follows. On the fateful night two groups had accosted each other while trying to hold immersion of their respective idols in the river. As scuffle ensued between two groups, both the sides suffered injuries. The first FIR was lodged suo motu by the police. It showed that the present petitioners were also victims. The second FIR was filed by the wife of the petitioner no. 1 and the third one by the other side. In fact, the petitioners suffered severe injuries. The petitioner No. 1 suffered a fracture of fibula, as would be evident from a copy of medical document annexed with the petition. Learned counsel appearing on behalf of the State opposes the prayer and relies on the case diary. However, he submits that no grievous injuries seems to have been suffered by the injured in the instant case. Considering the nature of injuries suffered by the respective parties and the fact that all these ensued suddenly after two groups 2 tried to have immersions of their respective idols done and scuffled in the process, I do not think that custodial interrogation of the petitioners are required in this case. In the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local, 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 BNSS, 2023 and on further conditions that the petitioners shall cooperate with the investigation and meet the I.O. as and when called for till the conclusion of investigation and on further condition that the petitioners shall appear on every date before the jurisdictional Court when the matter is fixed for hearing, in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioners in Court. The petitioners shall cooperate with the investigation of the case and shall not threaten the witnesses. The application for anticipatory bail is, thus, allowed. (Jay Sengupta, J.)