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2025 DAILYLAW 18029 (CAL)

HIRALAL PRASAD v. STATE OF WEST BENGAL

CRM (A)/1116/2025 · 2025-04-22

Jay Sengupta

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

22.04.2025 Sl. No.11 Ct. 28 NB C.R.M. (A) 1116 of 2025 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kumarganj PS Case No.97 of 2025 dated 13.03.2025 under Sections 109/126(2)/117(2)/74/3(5) of Bharatiya Nyaya Sanhita, 2023 corresponding to GR Case No.520 of 2025 pending before the learned Chief Judicial Magistrate, Dakshin Dinajpur. And In the matter of : Hiralal Prasad … petitioner. Mr. Biswajit Manna. …for the petitioner. Ms. Sukanya Bhattacharyya, Ms. Rajashree Tah. …for the State. Learned counsel appearing on behalf of the petitioner submits that the present FIR was lodged out of a dispute over parking of cars. In fact, a scuffle had broken out between the two sides. Both sides suffered simple injuries. Learned counsel appearing on behalf of the State relies on the two case diaries and submits that the injuries suffered in both the cases are simple in nature. Considering the nature of allegations and the materials available in the case diaries of the case and the countercase, I am inclined to allow the application for anticipatory bail to the petitioner. Accordingly, in the event of arrest, the petitioner 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 Arresting Officer and subject to the conditions as laid down under Section 438 of the Code of Criminal Procedure, corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita and on further condition that he shall meet the Investigating Officer once a fortnight till submission of report in final form, cooperate with the investigation and shall not threaten or intimidate witnesses or tamper with evidence in any manner whatsoever. The application for anticipatory bail being CRM(A) 1116 of 2025 is, thus, allowed. Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities. (Jay Sengupta, J.) 2