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Calcutta High CourtCRM (A)/1961/2025allowed

Rocket Sk @ Manirul Sk And ORS. v. State Of West Bengal

2025-06-19Hon'Ble Justice Suvra Ghosh2 pages

June 19, 2025 298 ARDR (Partly Allowed) CRM (A) 1961 of 2025 In Re : An Application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Raghunathganj Police Station Case No. 455 of 2025 dated 09/04/2025 under Sections 127(2)/117(2)/118(2)/3(5) of the BNS, 2023. And In Re :

Rocket Sk. @ Manirul Sk. & ors.

... Petitioners.

Adv. Minoti Gomes, Adv. Benajir Hasna, Adv. Aliul Islam, Adv. Sadid Haider, ... for the petitioners.

Adv. Shaila Afrin, Adv. Santanu Talukdar, ... for the State.

Heard learned counsels for the parties.

One Raju Sk, husband of the complainant was stabbed allegedly by the second petitioner Esmail Sk. In the incident that followed there was a free fight between the families of the defacto complainant and the petitioners and both the parties sustained injuries. Case and counter case were lodged by both the parties, petitioners' complaint being filed earlier. Injuries were sustained by both the parties.

Considering the material on record, this Court is inclined to hold that the second petitioner Esmail Sk. who has been implicated in the alleged stabbing requires to face custodial interrogation. His prayer for anticipatory bail is rejected.

Insofar as petitioner nos. 1,3,4,5, 6 and 7 are concerned, they may be granted anticipatory bail in view of their extent of complicity in the alleged offence.

Accordingly, in the event of arrest, the petitioners namely Rocket Sk. @ Manirul Sk, Sahel Sk, Lalan Sk. @ Sekh, Rajab Sk.

@ Sk. Rajab Ali, Sumon Sk. @ Ajnabi Sk. @ Ajnabi Sekh and Sajmir Sk be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten Thousand only) each, with two sureties of like amount each, to the satisfaction of the Arresting Officer and also subject to the conditions laid down under Section 482(2) of the BNSS. The petitioners shall appear before the learned jurisdictional Court and pray for regular bail within two weeks from date. The application for anticipatory bail is disposed of. Case Diary be returned.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)