Sk Esraj @ Sk Ishak v. The State Of West Bengal

18.02.2025 as [ALLOWED] C. R. M. (A) 521 of 2025 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Chanditala Police Station Case No. 1003 of 2024 dated 29.12.2024 under Sections 126(2)/117(2)/ 109/351(3)/352/3(5) of BNS, 2023.

In Re: Sk. Esraj @ Sk. Ishak.

... ... Petitioner Mr. Ayan Basu, Mr. Sandip Kr. Mondal, Mr. Sumit Routh.

... ... for the Petitioner Mr. Prasun Kr. Dutta, Ld. A.P.P., Md. Yaser A. Ismail.

... ... for the State 1.

Heard the learned Advocates for the parties.

2.

We have considered the materials on record. Petitioner is not the principal accused. Co-accused have been granted prearrest bail. Learned Advocate submits in the earlier order this Court noted principal accused i.e. Sk. Meheraj is on bail. This is incorrect.

3.

Be that as it may, no application for cancellation of anticipatory bail granted to other accused has been filed. It is also unclear how custodial interrogation of the present petitioner would enable apprehension of the principal accused. 4.

Under such circumstances, we are inclined to grant anticipatory bail to the petitioner.

5.

Accordingly, we direct that in the event of arrest, the petitioner viz., Sk. Esraj @ Sk. Ishak be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like Signed By : ALOK SETH High Court of Calcutta 19 th of February 2025 05:17:10 PM

amount each, to the satisfaction of the Arresting Officer and also subject to the conditions as laid down under Section 482(2) of the BNSS. He shall appear before the jurisdictional court and pray for regular bail within four weeks from date. 6.

The application for anticipatory bail is, thus, disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By : ALOK SETH High Court of Calcutta 19 th of February 2025 05:17:10 PM