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Calcutta High CourtCRM (A)/750/2026allowed

Sekh Jainal Abedin @ Sk. Jainal Abedin And ORS. v. State Of West Bengal

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

08.04.2026 Court No.28 Item No.75 ssi CRM (A) 750 of 2026 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita in connection with Arambagh Police Station Case No.04 dated 03.01.2026 under Sections 117 (2)/3(5)/329(4)/351(2)/352/76 of the BNS 2023. And In the matter of: Sekh Jainal Abedin @ Sk. Jainal Abedin & others. .... Petitioners Mr. Niladri Sekhar Ghosh Ms. Labani Sikder Mr. Souvik Dey ...for the petitioners Mr. Saibal Bapuli Ms. Ratna Ghosh ..for the State Learned counsel appearing on behalf of the petitioners submits as follows. Admittedly, there are cases and counter cases between the private parties. No injury was received by the victim whatsoever. The petitioners have been falsely implicated in this case. Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. He refers to the statement of the victim recorded before the learned Magistrate and the statements of other witnesses including that of her son. The injury report shows abrasions.

While the statement of the victim made before the learned Magistrate claims that the victim was abducted into a jungle and an offence was attempted. The statements of other witnesses show the place of occurrence to be the house of the victim. Considering the above, the other materials available in the case diary and the fact that prior cases pending between the adverse

parties, I do not think that custodial interrogation of the petitioners is required in this case and I am inclined to grant anticipatory bail to the petitioners.

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 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 petitioners shall co-operate 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. The application for anticipatory bail is, thus, disposed of. Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible. (Jay Sengupta, J.)