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Calcutta High CourtCRM (A)/282/2026allowed

Sk Amjed Ali @ Dhonu v. State Of West Bengal

2026-02-06Hon'Ble Justice Jay Sengupta2 pages

06.02.2026 Sl. No.74 Ct. 28 NB C.R.M (A) 282 of 2026 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 in connection with Chanditala PS Case No.0004/2026 dated 02.01.2026 under Sections 109/117(2)/329(3)/351(3)/352 of BNS, 2023. And In the matter of: Sk. Amjed Ali @ Dhonu ... petitioner Mr. Mujibar Ali Naskar, Mr. Sandip Kr. Mandal, Ms. Ritika Yadav.

...for the petitioner.

Mr. Arka Ranjan Bhattacharya, Mr. Swarup Ranjan Kar, Mr. Syed Murshid Alam, Mr. Subrata Ghosh, Mr. Kalu Halder.

...for the de facto complainant.

Ms. Sonali Das, Ms. Trisha Rakshit.

...for the State.

Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is a 78 year old man. There was an altercation between co-villagers. The petitioner has been falsely implicated in this case.

Learned counsel appearing on behalf of the de facto complainant strongly opposes the prayer for anticipatory bail. She submits that the victim is also an old man. There was an attempt to cause injury to him with a spade. It luckily missed him. Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. He relies on the statements

of witnesses and the injury report, which, however, shows no external injury.

Considering the above and the other materials available in the case diary, although I am inclined to grant anticipatory bail to the present petitioner, the petitioner shall stay outside the jurisdiction for a period of one month from this date. Accordingly, 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 Arresting Officer and subject to the conditions as laid down under Section 438 of the Code of Criminal Procedure, corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita and on further condition that the petitioner shall cooperate with the investigation and shall not threaten or intimidate witnesses or tamper with evidence in any manner whatsoever and the petitioner shall meet the Investigating Officer twice a week till submission of report in final form.

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.)