20.01.2025 (Bench ID 1472) (JPD 71) (S. Banerjee) (Allowed) CRM(A) 1 of 2025 In re: An application under Section 438 of the Code of Criminal Procedure, 1973/ Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Matigara Police Station Case No. 760 of 2024 dated 26.12.2024 under Sections 329(3)/115(2)/324(2)/117(3)/76/304(2)351(2)/3(5) of the BNS, 2023. And In the matter of: Md. Nasirul & Anr. …petitioners Mr. Rajesh Kumar Sharma Mr. Binay Sharma … for the petitioners Mr. Nilay Chakraborty … for the State Mr. Sayan De Ms. Esha Acharya … for the de facto complainant Petitioners contend that there is s civil dispute between the parties and they have been falsely implicated. They pray for anticipatory bail. Learned counsel for the State opposes such prayer. Learned counsel for the de facto complainant submits that the petitioners are seeking to oust the de facto complainant from his land in force. We have considered the materials on record. Petitioners have criminal antecedents. It is contended that they are seeking to oust the de facto complainant from his land. 2 Keeping in mind the aforesaid fact we are of the view though custodial interrogation of the petitioners is not necessary, their movement is required to be restricted in order to instill confidence in the mind of the de facto complainant and to prevent commission of similar incidents. Accordingly, we are inclined to grant anticipatory bail to the petitioners. Accordingly, we direct that 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, to the satisfaction of the arresting officer and also subject to the conditions as laid down under Section 482(2) of the BNSS, 2023 and on further condition petitioner shall not enter the jurisdiction of Matigara Police Station until further orders. Petitioners shall appear before the jurisdictional Court and pray for regular bail within four weeks from date. Petitioner no. 1 shall meet the investigating officer once in a week. The application for anticipatory bail is disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)