Extracted from the PDF above. The PDF is authoritative.
AD 402 September 10, 2025 Ct. 28
SG
CRM(A) 3068 of 2025
Allowed An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Titagarh P.S. Case No.280 of 2025 dated 14.08.2025 under Sections 221/285/189/121/132/351/79/3(5) of the BNS, 2023. And
In the matter of: Koustav Bagchi and others … petitioners
Mr. Moyukh Mukherjee
Ms. Priti Kar
Ms. Sagnika Banerjee … for the petitioners
Mr. Kalyan Bandopadhyay, Sr. Adv. Mr. Rudradipta Nandy, ld. APP
Mr. Shiladitya Banerjee
Mr. Pramiti Bandopadhyay Mr. Arka Kumar Nag … for the State
Learned counsel for the petitioners submits that the petitioners were taking part in a demonstration against the bad condition of roads and drainage near Sitalatala More. Suddenly, some police personnel without uniform came and committed brutality on the petitioners and the others, including a pregnant lady. There were victims who belonged to scheduled caste. The petitioners informed this to the police, but no action was taken. Over such non-action, a writ petition is pending. The members of the affected Scheduled Castes community made a complaint before the National Commission for Scheduled Castes. The National Commission made a representation before the Commissioner
2 of Police, Barrackpore Police Commissionerate, but no action was taken. The petitioners have been falsely implicated in the instant case as a counterblast. Learned senior counsel representing the State opposes the prayer for anticipatory bail and relies on the FIR and the statements of witnesses. He also refers to a video recording of the incident. He submits that inappropriate language was used by the petitioner No.1, who happens to be a member of the Bar as also by others. This should not be permitted. Considering the nature of allegations, the fact that there are allegations and counter allegations and the materials available in the case diary, I do not find that 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/- (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 petitioners shall cooperate with the investigation, shall meet the investigating officer as and when required and shall not threaten or intimidate witnesses. 3
The application for anticipatory bail is, thus, allowed. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of requisite formalities. (Jay Sengupta, J.)