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2025 DAILYLAW 33096 (CAL)

DEBANJAN DEY AND ORS. v. STATE OF WEST BENGAL

CRM (A)/2549/2025 · 2025-08-04

Jay Sengupta

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

04.08.2025 Court No.28 Item No.157 tbsr Allowed CRM (A) 2549 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Jorasanko P.S. Case No.138 of 2025 dated 09.07.2025 under Sections 12(1)/132/285/3(5) of the Bharatiya Nyaya Sanhita, 2023. And In the matter of: Debanjan Dey & Ors. ….Petitioners. Mr. Bikash Ranjan Bhattacharya, Sr. Adv. Mr. Samim Ahammed Mr. Arka Ranjan Bhattacharya Ms. Saloni Bhattacharya Mr. Asif Ikbal Baidya ….for the petitioners Mr. S. S. Imam Ms. Suruchi Saha ….for the State Learned senior counsel appearing on behalf of the petitioners submits as follows. The petitioners were protesting against injustices and in support of a strike. They were accosted by the police authorities and were brutalized. Complaint had to lodged alleging, among other things, molestation of women protesters. As a counter- blast, this case was started against the present petitioners. No injury has been caused to any of the police personnel. The petitioners are now being needlessly harassed by giving notices for meeting the Investigating Officer. Learned counsel appearing on behalf of the State strongly opposes the prayer for anticipatory bail. He refers to the statements to the witnesses, the injury report and some photographs. Considering the materials available in the case diary and the fact that there are allegations and counter allegations, I do not think that 2 custodial interrogation of the petitioners is required in this case and I am inclined to grant anticipatory bail to the petitioners. 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 condition that the petitioners shall co-operate with investigation, the petitioner nos. 1, 2, 3, 4, 5 and 6 shall meet the I.O. as and when required and the petitioners shall not threaten or intimidate witnesses. The application for anticipatory bail is, thus, allowed. The petitioners shall comply with the notices that may be issued by the Investigating Agency within a fortnight from this date. Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for. (Jay Sengupta, J.)