Saifaddin Sarkar And ANR. v. State Of West Bengal

27.03.2025 Serial no. 56 Anticipatory Bail [Allowed] Dd CRM (A) 980 of 2025 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Tapan Police Station Case No. 68 of 2025 dated 01.02.2025 under Sections 329(2)/126(2)/115(2)/117(2)/118(2)/109/3(5) of the Indian Penal Code, 1860 corresponding to Bharatiya Nyaya Sanhita, 2023 pending before Ld. Sessions Judge, Dakhin Dinajpur at Balurghat.

-AndIn the matter of : SAIFADDIN SANKAR @ SAIFUDDIN SANKAR AND ANR.

... ... Petitioners Ms. Busra Khatun, Ms. Sananda Bhattacharyya, Advocates ... ... For the Petitioners Ms. Faria Hossain, APP Mr. Subham Bhakat, Advocates ... ...For the State

1. There are civil disputes between the private parties. Incident of assault took place where, one injured suffered fracture on the left shoulder slavicle.

2. Considering the fact that the injury suffered is not to a vital part of the body and the materials in the case diary, we are inclined anticipatory bail to the petitioners.

3. Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only) each, with two sureties of like amount each, 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 Bharatiya Nagarik Suraksha Sanhita, 2023 and on further

condition that the petitioners shall report before the Investigating Officer once in a month till the conclusion of the investigation and on further condition that the petitioners shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court.

4. Prayer for anticipatory bail of the petitioners is allowed.

5. CRM (A) 980 of 2025 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)