Sukur Ali Sekh @ Suko Sk And ANR. v. State Of West Bengal

01.05.2025 SL.23 Ct.No.28 NB CRM (A) 1392 of 2025 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kotwali P.S. Case No.280 of 2025 dated 06.03.2025 under Sections 329(3)/117(2)/118(2)/74/3(5) of the Bharatiya Nyaya Sanhita, 2023 pending before the learned Chief Judicial Magistrate, Nadia at Krishnanagar.

And In the matter of: Sukur Ali Sekh @ Suko Sk & Anr. ...petitioners Mr. Sumanta Das, Mr. Avilash Tripathi.

...for the petitioners.

Ms. Manisha Sharma, Mr. Anindya Sundar Chatterjee.

...for the State.

Learned counsel appearing on behalf of the petitioners submits as follows. There are case and counter case. These arose out of a dispute between neighbours. Both sides sustained injuries. Learned counsel appearing on behalf of the State relies on the statements of the injured and an eyewitness as well as injury reports as contained in the case diary. It is alleged that the petitioner no.2 had inflicted serious injury on the face of the victim with a piece of brick. The vision was down for some time as per the report. Considering the nature of injuries inflicted and the roles ascribed to each of the petitioners, I am not inclined to grant anticipatory bail to the petitioner no.2 (Saharbanu Bibi Sekh @ Sarbanu Bibi Sk. @ Shar). The application of the petitioner no.2 is hereby rejected.

Let the petitioner no.1 (Sukur Ali Sekh @ Suko Sk.) be released on anticipatory bail.

Accordingly, in the event of arrest, the petitioner no.1 (Sukur Ali Sekh @ Suko Sk.) 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 Arresting Officer and subject to the conditions as laid down under Section 438 of the Code of Criminal Procedure, corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita and on further condition he shall meet the Investigating Officer once a week till submission of report in final form, cooperate with the investigation and shall not threaten or intimidate witnesses or tamper with evidence in any manner whatsoever. The application for anticipatory bail being CRM(A) 1392 of 2025 is, thus, partly allowed.

Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities.

(Jay Sengupta, J.)