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Calcutta High CourtCRM (A)/738/2026partly allowed

Harun Rasid And ORS. v. State Of West Bengal

2026-04-08Hon'Ble Justice Jay Sengupta2 pages

08/04/2026 D/L - 67 Court No.28 S. Kundu Partly Allowed C.R.M.(A) 738 of 2026 In Re: An application for anticipatory bail under Section of the BNSS, 2023.

In connection with Harischandrapur P.S case no. 49 of 2026 dated 19/01/2026 under sections 115(2)/329(3)/117(2)/109/76/303(2)/351(3)/3(5) of the BNS.

In the matter of: Harun Rasid & Ors.

...Petitioners.

Mr. Goutam Wilson Mr. Ashok Jha ...for the petitioners.

Mr. Saibal Bapuli Ms. Snigdha Saha ...for the State.

1. Learned counsel appearing on behalf of the petitioners submits as follows. There was a fight between the two sets of villagers over a land dispute. There are case and counter case. Both sides received injuries.

2. Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. She relies on the injury reports, one of which shows infliction of serious injury on a vital part of the body like head which required seven stitches for repair. She also relies on the statements of the victims and other witnesses. As per the statement of the principal victim, who received such serious injury, the main blow was given by the petitioner no. 1.

3. Considering the above, the other materials available in the case diary and the alleged roles ascribed to each of

the petitioners, while I am inclined to grant anticipatory bail to the petitioner nos. 2, 3, 4 and 5, the application for anticipatory bail of the petitioner no. 1 is rejected.

4. In the event of arrest, the petitioner nos. 2, 3, 4 and 5 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 petitioners shall cooperate with the investigation and shall not threaten or intimidate the witnesses. The said 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-in-part.

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

(Jay Sengupta, J.)