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Calcutta High CourtCRM (A)/413/2026partly allowed

Sekh Haradhan And ANR. v. State Of West Bengal

2026-02-18Hon'Ble Justice Jay Sengupta2 pages

18/02/2026 D/L - 43 Court No.28 S. Kundu Partly Allowed C.R.M.(A) 413 of 2026 In Re: An application for anticipatory bail under Section 482 of the BNSS, 2023. In connection with Lokepur P.S Case no. 42 of 2024 dated 22/5/2024 under sections 447/325/326/307/354/34 of the IPC.

In the matter of: Sekh Haradhan & Anr.

...Petitioners.

Mr. Kunal Ganguly ...for the petitioners.

Mr. Saibal Bapuli Ms. Arani Bhattacharyya ...for the State.

1. Memo of evidence filed by the State is taken on record.

2. Learned counsel appearing on behalf of the petitioners submits that while the application for anticipatory bail of some of the male co-accused was rejected by this Court earlier, the application for anticipatory bail of the female members of the family was allowed by an order dated 5.12.2025 passed in CRM (A) 3857 of 2025. The order was passed even after issuance of order of proclamation and attachment. Issuance of proclamation is not an absolute bar to move an application for anticipatory bail.

3. It appears that after considering the case diary and the roles of the alleged accused and the fact that chargesheet had been submitted, the female accused were granted anticipatory bail, while the prayer for anticipatory bail of the male members was rejected. The petitioners

appear to be quite similarly circumstanced in respect of their male and female counterparts.

4. Considering the above and the other materials available in the case diary, while I am inclined to grant anticipatory bail to the petitioner no. 2 (Najbun Bibi), the application for anticipatory bail of the petitioner no. 1 is rejected.

5. In the event of arrest, the petitioner no. 2 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 said petitioner shall not threaten or intimidate the witnesses. The said petitioner shall surrender before the learned jurisdictional Court and pray for bail within four weeks from date and regularly attend the jurisdictional Court.

6. Accordingly, the application for anticipatory bail is allowed-in-part.

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

(Jay Sengupta, J.)