Sattar Ali v. State Of West Bengal

19.05.2025 Sl. No.41 Ct. 28 NB C.R.M. (A) 1596 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 Daulatabad PS Case No.39/2025 dated 19.02.2025 under Sections 109/118(1)/118(2)/329(4)/3(5) of the BNS.

And In the matter of : Sattar Ali ... petitioner Mr. Ali Ahasan Alamgir, Ms. Soma Mal, Ms. Rabia Khatoon, Ms. June Modak.

...for the petitioner.

Mr. Rana Mukherjee ld.APP., Ms. Suveni Banerjee.

...for the State.

Learned counsel appearing on behalf of the petitioner submits as follows. There was a matrimonial dispute between the de facto complainant and the sister of the present petitioner. However, during marriage ceremony of a common acquaintance, a fight broke out between the private parties. Injuries were suffered on both sides. The de facto complainant of the present case was granted bail after a few days of custody purportedly on the ground that there was a settlement arrived at between the private parties. Learned counsel appearing on behalf of the State strongly opposes the prayer for anticipatory bail. He relies on the statements of witnesses who have specifically named the present petitioner and another as the main assailants and on the injury report, which shows the injury to be grievous and on a vital part of the body.

Considering the nature of allegations and the incriminating materials available in the case diary, I do not think this to be a fit case for granting anticipatory bail to the petitioner. The application for anticipatory bail being CRM(A) 1596 of 2025 is, thus, rejected.

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.)