Calcutta High Court (Appellete Side)
Sanhita vs In Re : Gopal Biswas on 25 April, 2025
Author: Jay Sengupta
Bench: Jay Sengupta
25.04.2025
IN THE HIGH COURT AT CALCUTTA
Item No.DL27 CRIMINAL MISCELLANEOUS JURISDICTION
Court No. 28 APPELLATE SIDE
Asraf, AR(Ct.)
ALLOWED
CRM (A) 1270 of 2025
In Re : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure, 1973 corresponding to
Section 482 of the Bharatiya Nagarik Suraksha Sanhita,
2023 filed in connection with Gazole Police Station case
no.917 of 2024 dated 15.10.2024 under Sections 126(2),
117(2), 303(2), 351(3) and 3(5) of the Bharatiya Nyaya
Sanhita, 2023.
-and-
In Re : GOPAL BISWAS
……Petitioner
For the Petitioner :
Mr. Kalidas Saha
Ms. Khushi Mollick
…..Advocates
For the State :
Mr. Anwar Hossain
Ms. Kanchan Roy
…..Advocates
For the De facto Complainant :
Mr. Samya Ray
…..AdvocateLearned counsel appearing on behalf of the petitioner
submits as follows. The case arises out of a scuffle that ensued
between two groups of villagers over some previous grudge. No
grievous injury was received by anyone.
Learned counsel appearing on behalf of the de facto
complainant strongly opposes the prayer for anticipatory bail.
Learned counsel appearing on behalf of the State refers
to the statements of independent witnesses and the injury
report.
Page 2
It does not appear that any grievous injury was inflicted
upon anyone. In view of the same, I am inclined to grant
anticipatory bail to the petitioner, however, by restricting their
movement for a limited period.
Accordingly, the petitioner 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 subject to the conditions as laid down
under Section 438 of the Code of Criminal Procedure, 1973
corresponding to Section 482 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 and on further condition that he shall meet the
Investigation Officer of the case once a week till submission of
report in final form and he shall not threaten or intimidate
witnesses or tamper with evidence in any manner whatsoever.
The petitioner shall also stay outside the jurisdiction of Gazole
Police Station from this date till submission of report in final
form except for the purpose of meeting the Investigating
Officer or attending the jurisdictional Court.
The application for anticipatory bail being CRM(A) 1270
of 2025 is, thus, allowed.
Urgent photostat certified copies of this order may be
delivered to the learned Advocates for the parties, if applied
for, upon compliance of all formalities.
( Jay Sengupta, J. )