Calcutta High CourtCRM (A)/390/2026allowed

Israfil Sardar @ Esrafil Sardar And ANR. v. State Of West Bengal

2026-02-17Hon'Ble Justice Jay Sengupta2 pages

17/02/2026 D/L - 51 Court No.28 S. Kundu Allowed C.R.M.(A) 390 of 2026 In Re: An application for anticipatory bail under Section 482 of the BNSS, 2023. In connection with Sandeshkhali P.S case no. 525 of 2024 dated 4/12/2024 under Sections 126(2)/117(2)/110/74/303(2)/3(5) of the BNS. In the matter of: Israfil Sardar @ Esrafil Sardar & Anr.

...Petitioners.

Ms. Dipanwita Gupta ...for the petitioners.

Mr. S.S. Imam Ms. Mousumi Sarkar ...for the State.

1. Learned counsel appearing for the petitioners submits as follows. There is an existing civil dispute over property between the private parties. A scuffle took place which caused injuries on both sides, but none was grievous in nature. Similarly circumstanced co-accused was granted anticipatory bail by this Court on 6.2.2026 in CRM (A) 288 of 2026.

2. Learned counsel appearing for the State opposes the prayer for anticipatory bail. He relies on the statements of witnesses and the injury report which, however, does not show infliction of any grievous injury.

3. Considering the above, the other materials available in the case diary and the fact that substantially similarly circumstanced co-accused were granted anticipatory bail earlier, I do not think that custodial interrogation of the

petitioner is required in this case and I am inclined to grant anticipatory bail to the petitioners.

4. 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 further conditions that the petitioners shall cooperate with the investigation and shall not threaten or intimidate the witnesses. The petitioners shall meet the I.O once a week till submission of report in final form.

5. Accordingly, the application for anticipatory bail is allowed.

6. Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance with requisite formalities.

(Jay Sengupta, J.)