Abdul Alim v. The State Of West Bengal

08.08.2025 Court No.28 Item No.10 ssi CRM (A) 2437 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Suraksha Nagarik Sanhita in connection with Baishnabnagar PS Case No.149 of 2025 dated 13.02.2025 under Sections 179/180/61(2)/111(3)/111(4) of the BNS, 2023. And In the matter of: Abdul Alim ....Applicant/Petitioner.

Md. Wasim Akram ...for the petitioner Mr. Soumik Ganguly Mr. Debanshu Ghorai ..for the State Report filed on behalf of the State is taken on record. Learned counsel appearing on behalf of the petitioner submits that the petitioner has been implicated in this case only on the basis of the co-accused's statement, which is inadmissible in evidence. Learned counsel appearing on behalf of the State submits that as per the Report, there is no criminal antecedent against the present petitioner. The only material available in the case diary is the statement of a co-accused. Charge sheet has been submitted. Considering the fact that the only material available against the present petitioner is the statement of a co-accused and a charge sheet has been submitted, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, the application for anticipatory bail of the petitioner is allowed.

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 the Arresting Officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the BNSS, 2023 and on further conditions that the petitioner shall not threaten or intimidate witnesses or tamper with evidence and shall attend the jurisdictional Court regularly and he shall surrender before the learned trial Court and pray for bail within four weeks from this date.

The application for anticipatory bail is, thus, disposed of. (Jay Sengupta, J.)