Calcutta High Court (Appellete Side)
Banamali Bhunia & Others vs Unknown on 16 April, 2025
Author: Jay Sengupta
Bench: Jay Sengupta
16.04.2025
Court No.28
Item No.36
ssi
CRM (A) 1207 of 2025
In Re: – An application for anticipatory bail under Section 482 of the
Bharatiya Suraksha Nagarik Sanhita in connection with Khejuri P.S.
Case No.414 of 2023 dated 23.06.2023 under Sections
341/325/326/307/506/34 of the Indian Penal Code.
And
In the matter of: Banamali Bhunia & others..
….Applicants/Petitioners.
Mr. Tapan Datta Gupta
Mr. P. Anam
Ms. Rituparna Ghosh
Ms. Puspa Jaswara
…for the petitioners.
Mr. Debasis Roy, Ld. PP
Mr. Arijit Ganguly
Mr. Rajes Jana
…for the State.
Liberty is granted to correct the cause title.
Learned counsel appearing on behalf of the petitioners submits as
follows. There was a scuffle that took place between two groups.
Injuries were suffered on both sides. However, no specific role can be
ascribed to any of the present petitioners.
Learned counsel appearing on behalf of the State opposes the
prayer for anticipatory bail and submits as follows. Grievous injury
was inflicted on the injured. There are statements of witnesses
including eyewitnesses who support the prosecution case. However,
except for in the FIR, the name of the petitioner no.5 does not seem to
appear in the statements of any of the other witnesses.
In view of the specific roles ascribed to the petitioner nos. 1, 2, 3
and 4 and the materials available in the case diary, I am not inclined
2
to grant anticipatory bail to the said petitioners. Their prayer for
anticipatory bail stands rejected.
However, in view of the materials available in the case diary, so as
to the present petitioner no.5 is concerned, I am inclined to allow his
prayer for anticipatory bail.
In view thereof, the prayer for anticipatory bail of the petitioner
no.5 is allowed.
In the event of arrest, the petitioner no.5 shall be released on bail
upon furnishing a bond of Rs.10,000/- 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
conditions that the petitioner no.5 shall not try to influence the
witnesses or threaten them and shall stay beyond the jurisdiction of
Khejuri Police Station for a period of three months from this date,
except for attending the jurisdictional Court or meeting the
Investigating Officer.
The application for anticipatory bail is, thus, disposed of.
(Jay Sengupta, J.)