Soumen Karfa And ORS. v. State Of West Bengal

22.04.2026 Sl. No.212 Ct. 28 NB C.R.M (A) 1218 of 2026 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 Bhatar PS Case No.189/2026 dated 13.04.2026 under Sections329(4)/115(2)/118(2)/74/76/109(1)/351(3)/119(1)/191/3(5) of the BNS, 2023.

And In the matter of: Soumen Karfa & Ors.

... petitioners Mr. Kallol Kr. Basu, Mr. Anindya Sunder Das, Mr. Debapriya Samanta, Mr. S. Palit, Mr. A. K. Chakraborty, Mr. Sabyasachi Howladar, Mr. Jannat ul Firdous, Mr. Rajsekhar Hota, Ms. Pramita Banerjee.

...for the petitioners.

Mr. Saibal Bapuli ld.APP., Md. Kutubuddin.

...for the State.

Learned counsel appearing on behalf of the petitioners submits as follows. The petitioner no.1 is a candidate of the opposition political party who is contesting in the ensuing Assembly Elections. The petitioners were assaulted by the other side. They lodged the first FIR. As a counterblast, the second FIR was registered.

Learned Additional Public Prosecutor representing the State strongly opposes the prayer for anticipatory bail. He refers to the injury report and the statements of witnesses including the injured.

It appears that the injury report and the medical document present at pages 3 and 27 are of the same victim. The document at page 3 shows that on examination, it was found that there was no external injury.

Considering the above and the other materials available in the case diary, 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.

Accordingly, 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 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 that the petitioners shall cooperate with the investigation and shall not threaten or intimidate witnesses or tamper with evidence in any manner whatsoever and the petitioners shall meet the Investigating Officer once a fortnight till submission of report in final form.

The application for anticipatory bail is, thus, disposed of. 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.)