Kishalay Bar & Ors vs Unknown on 10 April, 2025

Calcutta High Court (Appellete Side)

Kishalay Bar & Ors vs Unknown on 10 April, 2025

Author: Jay Sengupta

Bench: Jay Sengupta

10.04.2025
Court No.28
Item No.11
tbsr
Allowed
CRM (A) 1123 of 2025

In Re: – An application for anticipatory bail under Section 438 of the
Criminal Procedure Code/482 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 in connection with Khejuri P.S. Case No.0563 of
2023 dated 06.09.2023 under Sections 188 / 147 / 148 / 149 /
186 / 447 / 323 / 325 / 332 / 353 / 427 / 506 / 120B of the
Indian Penal Code read with Section 9 of maintenance of Public Order
Act read with Section 3 of the Prevention of Damage to Public
Property Act, 1984 read with Section 3/4 of Essential Commodities
Act.

And
In the matter of: Kishalay Bar & Ors.

….Petitioners.

Mr. Rajdeep Mazumder, Sr. Adv.

Ms. Sagnika Banerjee
…for the petitioners.

Mr. Jaydeep Biswas
Ms. Puja Goswami
…..for State

Learned senior counsel representing the petitioners submits as

follows. The petitioners were not named in the FIR. There is no

grievous injury caused to anyone. A similarly circumstanced co-

accused was granted anticipatory bail by a Division Bench of this

Court in 27.03.2025 CRM (A) 1026 of 2025. The similarly

circumstanced person was earlier granted anticipatory bail by the

Division Bench on 27.03.2025 in CRM (A) 1025 of 2025.

Learned counsel appearing on behalf of the State opposes the

prayer for anticipatory bail and submits as follows. Although the

petitioners were not named in the FIR, a charge sheet was been

submitted in September, 2024. Since then the petitioners have been

absconding. Assault was made on police officers.
2

Considering the injury report available in the case dairy and the

fact that one accused who was substantially similarly circumstanced

was granted anticipatory bail by a Division Bench of this Court, I am

inclined to allow the application for anticipatory bail.

Accordingly, I 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, 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 condition that the petitioners shall not threaten or

intimidate witnesses and be present before the jurisdictional Court on

dates fixed for hearing.

The application for anticipatory bail is, thus, allowed.

(Jay Sengupta, J.)