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Calcutta High CourtCRM (A)/507/2026allowed

Saddam Ali @ Saddam Hossain v. State Of West Bengal

2026-02-26Hon'Ble Justice Jay Sengupta2 pages

26.02.2026 Court No.28 Item No.37 ssi CRM (A) 507 of 2026 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Suraksha Nagarik Sanhita in connection with Harishchandrapur Police Station Case No.375 of 2025 dated 20.04.2025 under Sections 126 (2)/ 115(2) /117(2) /109/ 74/303(2)/3 (5) of the BNS 2023.

And In the matter of: Saddam Ali @ Saddam Hossain .... Petitioner.

Mr. A. Islam Mr. Mehedi Masud ...for the petitioner Mr. Debabrata Chatterjee Mr. Kaustav Banerjee ..for the State Learned counsel appearing on behalf of the petitioner submits that the petitioner has been falsely implicated in this case. The petitioner and the de facto complainant are co-villagers. Learned counsel appearing on behalf of the State strongly opposes the prayer for anticipatory bail. He refers to the injury report, which shows infliction of injury in the occipital region of the victim. No other external injury was found. While the FIR states about the knife injury being caused by a co-accused, it was alleged that the petitioner and the said co-accused tried to strangulate the victim. However, no eye-witness account has been given by any independent witness. Investigation is going on.

Considering the above, the other materials available in the case diary and the alleged role ascribed to the present petitioner, I am inclined to grant anticipatory bail to the petitioner

In the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- 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 conditions that the petitioner shall co-operate with the investigation and shall not threaten or intimidate the witnesses. The petitioner shall meet the I.O. once a week till submission of report in final form. The petitioner shall stay outside the jurisdiction of Harishchandrapur Police Station for a period of two months from this date, except for attending the jurisdictional Court or meeting the Investigating Officer. Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible. (Jay Sengupta, J.)