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2025 DAILYLAW 18793 (CAL)

DILIP MAHATA v. STATE OF WEST BENGAL

CRM (A)/1198/2025 · 2025-04-16

Jay Sengupta

body2025

Judgment text

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AD 27 April 16, 2025 Ct. 28 SG CRM(A) 1198 of 2025 Allowed An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Lalgarh P.S. Case No.04 of 2025 dated 19.01.2025 under Sections 189(2)/221/121(1)/132/109/329(3)/127(2) /351(2) of the BNS, 2023. And In the matter of: Dilip Mahata … petitioner Ms. Madhurai Sinha Mr. Ranabeer Halder … for the petitioner. Mr. Madhusudan Sur Mr. Anindya Sundar Chattejee … for the State Leave is granted to correct the cause-title. Learned counsel appearing for the petitioner submits as follows. Some people protested against the two civic volunteers for extorting money from the local shops. An altercation took place and the two civic volunteers were injured. Learned counsel for the State opposes the prayer for anticipatory bail and submits that the two civic volunteers in question were actually guarding a CRPF camp and tried to extricate an individual who was taken into by some local hooligans. The petitioner and some others led the mob, who attacked them. However, the injury reports do not indicate 2 that there was any grievous injury inflicted on any of the victims. In view of the materials available in the case diary, I am inclined to grant anticipatory bail to the petitioner, but by restricting the movement of the petitioner for a limited period. In the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (rupees ten thousand) 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 the further conditions that the petitioner shall meet the investigating officer of the case once a week till submission of report in final form, the petitioner shall not threaten or intimidate the witnesses and the petitioner shall stay outside the jurisdiction of Lalgarh Police Station for a period of six months from this date except for the purpose of attending the jurisdictional court or meeting the investigating officer. The application for anticipatory bail is, thus, allowed. (Jay Sengupta, J.)