Calcutta High CourtCRM (A)/1890/2025rejected

Sk Sahajan @ Sk Sahajahan v. State Of West Bengal

2025-07-08Hon'Ble Justice Jay Sengupta2 pages

08.07.2025 Sl. No.52 Ct. 28 Sws.M C.R.M. (A) 1890 of 2025 In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Sutahata P.S. Case No.144 of 2025 dated 01.06.2025 under Sections 291/303(2)/317(2)/3(5) of the Bharatiya Nyay Sanhita, 2023 and under Section 11(1)(d)/11(1)k of Prevention of Cruelty to Animals Act, 1960..

And In the matter of : Sk. Sahajan @ Sk. Sahajahan ... petitioner Mr. Ali Ahasan Alamgir Mr. Syed Uj Jaman Ms. Soma Mal Ms. Rabia Khatoon Ms. June Modak ...for the petitioner.

Mr. Iqbal Kabir Ms. Rajnandini Das ...for the State.

Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is not at all responsible for seven number of camels having been brought and kept by some others at his property. Moreover, the maximum punishment imposable under the charge provisions is up to five years.

Learned counsel appearing on behalf of the State relies on the statement of the seizure list witnesses, independent villagers and police personnel. She opposes the prayer and submits as follows. The camels were stolen away from Rajasthan and transported in a small vehicle, tied with ropes and covered with plastic, thus causing harm to the said animals. They were kept in the courtyard of the petitioner and were not properly fed or taken care of. As per the statement of the local witnesses, six of them had become very weak and one had become seriously ill. No documents could be produced by the petitioner regarding possession of those large animals.

Considering the serious nature of allegations and the incriminating materials available in the case diary, I am not inclined to grant anticipatory bail for the petitioner. The application for anticipatory bail being CRM(A) 1890 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.)