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2025 DAILYLAW 38725 (CAL)

AMIT MALAKAR v. STATE OF WEST BENGAL

CRM (A)/3109/2025 · 2025-09-26

Jay Sengupta

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

26/09/2025 D/L – 18 Court No.28 S. Kundu Allowed C.R.M.(A) 3109 of 2025 In Re: An application for anticipatory bail under Section 482 of the BNSS, 2023. In connection with Burdwan police station case no. 599 of 2025 dated 2.6.2025 under sections 318(4)/322/336(3)/338/61(2)/3(5) of the BNS. In the matter of: Amit Malakar ...Petitioner. Mr. Debapriya Samanta Mr. S. palit Mr. A. Chakraborty Ms. Riya Saha …for the petitioner. Mr. suman De Mr. Sujan Chatterjee …for the State. 1. Learned counsel appearing for the petitioner submits as follows. A person masquerading as another sold of a property to the petitioner and another person. The main accused impersonated the original owner of the property who had died some time ago, but has not made an accused in this case. A co-accused has been granted anticipatory bail by this Court. 2. Learned counsel appearing for the State opposes the prayer for anticipatory bail. He relies on the statements of witnesses and the other materials available in the case diary. 3. It appears that the principal accused who had impersonated the original owner of the property is not before this Court. 2 4. Considering the nature of allegations and the alleged role ascribed to the petitioner and the fact that co-accused has been granted anticipatory bail, I am inclined to grant anticipatory bail to the petitioner. 5. 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 the Arresting Officer and also be subject to further conditions that the petitioner shall cooperate with the investigation and shall not threaten or intimidate witnesses. The petitioner shall meet the I.O once a fortnight till submission of report in final form. 6. Accordingly, the application for anticipatory bail is allowed. 7. Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance with requisite formalities. (Jay Sengupta, J.)