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Calcutta High CourtCRM (A)/1549/2026rejected

Sarup Sarkar And ORS. v. State Of West Bengal

2026-06-16Hon'Ble Justice Jay Sengupta2 pages

16.06.2026 Sl. No.47 NB CRM (A) 1549 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 Chakdah PS Case No.716/2026 dated 18.05.2026 under Sections 118(2)/126(2)/117(2)/110/351(3)/3(5) of the Indian Penal Code, 1860. And In the matter of: Sarup Sarkar & Ors.

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... petitioners Mr. Shibaji Kr. Das, Ms. Deblina De, Ms. Moitriye Das.

...for the petitioners.

Mr. Romashish Mukherjee, Ms. Anushka Ghosh.

....for the State.

Learned counsel appearing on behalf of the petitioners submits that the petitioners had protested against the digging of a drain through their land. The petitioners are the sons of the principal accused who was arrested.

Learned counsel appearing on behalf of the State relies on the case diary and opposes the prayer for anticipatory bail. He refers to the statement of the victim and the statements of other local witnesses implicating the present petitioners. He also relies on the injury report, which shows infliction of three cut injuries on a vital part of the body of the victim like the scalp that required several stitches for repair.

Considering the above and the other incriminating materials available in the case diary, I do not consider this to be a fit case for granting anticipatory bail to the present petitioner. The application for anticipatory bail of the petitioner 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.)