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Calcutta High CourtCRM (A)/1322/2026partly allowed

Rejaul Sk @ Rejaul Sekh @ Sentu And ANR. v. State Of West Bengal

2026-05-13Hon'Ble Justice Jay Sengupta2 pages

13.05.2026 Sl. No.36 Ct. 28 NB C.R.M (A) 1322 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 Rampurhat PS Case No.130/2026 dated 21.02.2026 under Sections 126(2)/115(2)/117(2)/118(2)/351(2)/3(5) of the BNS, 2023. And In the matter of: Rejaul Sk @ Rejaul Sekh @ Sentu & Anr. ... petitioners Mr. Angshuman Chakraborty, Mr. S. S. Saha.

...for the petitioners.

Mr. Krishnendu Bhattacharya, Mr. Pritam Roy.

..for the State.

Learned counsel appearing on behalf of the petitioners submits as follows. The petitioner no.1 is the father of the petitioner no.2. There was a scuffle between neighbours. It is alleged that the petitioners and other relatives assaulted the victims. While the family members of the household were granted anticipatory bail by the learned Sessions Judge, the application for anticipatory bail of the present petitioners was rejected.

Learned Amicus assisting the State relies on the case diary and opposes the prayer for anticipatory bail. He relies on the statements of the alleged victims and the statements of local witnesses. He also refers to the injury report of the principal victim, which shows, among other things, fracture of a finger.

It is the prosecution case that the petitioners and others assaulted the principal victim and when her son came to rescue her, he was also beaten up.

Considering the above, the other materials available in the case diary and the nature of injury inflicted and the fact that the petitioner no.1 is an aged person, while I am inclined to grant anticipatory bail to the petitioner no.1 (Rejaul Sk @ Rejaul Sekh @ Sentu), the application for anticipatory bail of the petitioner no.2 is rejected.

Accordingly, in the event of arrest, the petitioner no. 1 (Rejaul Sk @ Rejaul Sekh @ Sentu) 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 that the petitioner no. 1 shall cooperate with the investigation and shall not threaten or intimidate witnesses or tamper with evidence in any manner whatsoever and the petitioner no.1shall meet the Investigating Officer once a week till submission of report in final form. The application for anticipatory bail is, thus, partly allowed and 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.)