Salil Kumar Banerjee v. State Of West Bengal

11.06.2026 SL.62 Ct.No.28 NB CRM (A) 1497 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 Barasat P.S. Case No.163 of 2026 dated 20.04.2026 under Sections 110/115(2)/117(2)/126(2)/3(5)/351(2) of the Bharatiya Nyaya Sanhita, 2023.

And In the matter of: Salil Kumar Banerjee ... petitioner Mr. Tathagata Majumdar, Ms. Neha Chakraborty.

...for the petitioner.

Mr. Gurudas Mitra.

...for the State.

Ms. Sudeshna Maji, Mr. S. Kanjilal.

...for the de facto complainant.

Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner has been falsely implicated in this case. He was only a bystander, while the main allegations are against another co-accused. In any event, no significant injury whatsoever was caused to anyone.

Learned counsel appearing on behalf of the State relies on the case diary and opposes the prayer for anticipatory bail. He refers to the statements of witnesses including independent local witnesses as well as the injury report, which, however, does not show infliction of any grievous injury.

Learned counsel appearing on behalf of the de facto complainant submits that her client has been receiving threat calls from the present petitioner.

Considering the above and the other materials available in the case diary, although I am inclined to grant anticipatory bail to the present petitioner, his movement shall remain restricted for a limited period.

Accordingly, in the event of arrest, the petitioner 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 shall cooperate with the investigation and shall not threaten or intimidate witnesses or tamper with evidence in any manner whatsoever and the petitioner shall meet the Investigating Officer once a fortnight till submission of report in final form and shall stay outside the jurisdiction of Barasat Police Station for a period of two months except for meeting the Investigating Officer or attending the jurisdictional Court. 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.)