Calcutta High CourtCRM (A)/182/2026partly allowed

Khairul Alam And ORS. v. State Of West Bengal

2026-02-04Hon'Ble Justice Jay Sengupta2 pages

04.02.2026 Court No.28 Item No.58 tbsr Partly Allow CRM (A) 182 of 2026 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Chakulia P.S. Case No.465 of 2025 dated 01.12.2025 under Sections 126(2)/115(2)/118(2)/109/351(2)/3(5) of the BNS, 2023. And In the matter of: Khairul Alam & Ors.

....Petitioners.

Mr. Mujibur Ali Naskar Md. Habibur Rahaman ...for the petitioners.

Ms. Sayanti Santra Mr. Kaustav Bhattacharya .....for the State.

Mr. Amit Ranjan Pati Ms. Jenifar Jinnu ....for the de facto complainant.

Heard the learned counsels for the petitioners, the de facto complainant and the State.

Perused the case diary.

It appears from the case diary that a number of accused persons accosted the victim and assaulted him. As per the statements of witnesses, the principal blows were inflicted by the petitioner nos. 2 and 3. Injury report shows the infliction of grievous injury. Considering the above, while I am inclined to grant anticipatory bail to the petitioner nos. 1 and 4, the application for anticipatory bail of the petitioner nos. 2 and 3 (Arshad Alam @ Md. Arshad Alam and Shahrukh @ Shahrukh Alam) is rejected.

In the event of arrest, the petitioner nos. 1 and 4 (Khairul Alam and Majahar Alam @ Mazhar Alam) 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 petitioner Nos. 1 and 4 shall cooperate with investigation, shall not threaten or intimidate witnesses, shall meet the I.O. once a week till submission of report in final form and shall stay outside the jurisdiction of Chakulia Police Station for a period of two months except for meeting the Investigating Officer of attending the jurisdictional Court.

The application for anticipatory bail is, thus, disposed of. 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.)