26.02.2025 DL-78 Court No.26 (Bail allowed ) CRM (DB) 4393 of 2024 (AD) In re : An application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Amdanga Police Station Case No.597 of 2024 (G.R. No.2224 of 2024) dated 28.08.2024 under Sections 329(4)/115(2)/117(2)/324(2)/118(2)/109/351(2) of the Bharatiya Nyaya Sanhita, pending before the Learned Additional Chief Judicial Magistrate at Barasat, North 24 Parganas. -And- In the matter of : Entajul Mandal @ Entajul Mondal … … Petitioner Mr. Bikash Ranjan Bhattacharyya, Ld. Sr. Advocate Mr. Uday Sankar Chattopadhyay, Advocate Mr. Suman Sankar Chattopadhyay, Advocate Ms. Aishwarya Dutta, Advocate Mr. Anik Bhattacharjee, Advocate ...for the petitioner Mr. Rudradipta Nandy, Ld. APP Ms. Puspita Saha, Advocate ...for the State 1. Petitioner prays for bail. 2. Learned Senior Advocate appearing for the petitioner submits that, the petitioner is in custody for 180 days. Police filed charge sheet and, therefore, continued custody of the petitioner is not required. 3. Learned Additional Public Prosecutor submits that, three incidents of assault took place over a period of two days where, not only firearms but also crude bombs were used. He draws the attention to the Court to the statement of the injured who suffered gunshot injury recorded under Section 183 of the Bharatiya Nyaya Sanhita. 2 4. We perused the materials placed on record including the case diary. 5. Apparently, three incidents of assault took place. 6. A person who suffered gunshot injury recorded statement under Section 183 of Bharatiya Nyaya Sanhita where he names two persons who caught hold of him and another person who shot at him. 7. Petitioner is not named as any of those three persons with regard to the victim who suffered the gunshot injury. Such victim, however, names the petitioner as one of the persons who assembled along with others with arms. 8. It is claimed as against the petitioner that the petitioner along with others went on to assault the brother of the injured victim. 9. Apparently, some persons suffered injuries which may be classified as grievous hurt. 10. Considering the fact that the police filed charge sheet and the period of detention as also the statement of the injured victim recorded under Section 183 of the Bharatiya Nyaya Sanhita, we grant bail to the petitioner. 11. Accordingly, we direct that the petitioner, namely, Entajul Mandal @ Entajul Mondal, shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the Learned Additional Chief Judicial Magistrate, Barasat, North 24 Parganas, subject to conditions that 3 the petitioner shall appear before the learned trial court on every date of hearing until further orders and shall not intimidate witnesses and/or tamper with evidence in any manner whatsoever and on further condition that the petitioner while on bail shall not enter the jurisdictional Police Station save and except for the purpose of attending court proceeding and shall provide the address where he shall reside to the Officer-in-Charge of the concerned police station. 12. In the event, the petitioner fails to comply with the conditions as enshrined hereinbefore, it is open to the trial court to cancel the bail without further reference to this Court. 13. Accordingly, the prayer for bail of the petitioner is allowed. 14. CRM (DB) 4393 of 2024 is disposed of. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)