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Calcutta High CourtCRM (A)/2746/2025allowed

Khalif Ansari @ Md Khalif Ansari And ORS. v. State Of West Bengal

2025-08-11Hon'Ble Justice Chaitali Chatterjee (Das)2 pages

11.08.2025 Item No.25 Ct. No. 446 RP Allowed C.R.M.(A) 2746 of 2025 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 Barabani Police Station Case No. 57 of 2025 dated 13.05.2025 under Sections 115(2)/117(2)/3(5)/303(2)/324(4)/329(4)/351(2) of the Bharatiya Naya Sanhita pending before the learned Chief Judicial Magistrate at Asansol, Paschim Bardhaman. And In the matter of : Khalif Ansari @ Md. Khalif Ansari & Ors. ...... petitioners Mr. Priyankar Ganguly Ms. Shalini Bairagi ....for the petitioners Ms. Baishali Basu Mr. Sujoy Sonkar ....for the State

1. Heard the submissions of both the learned advocates for the parties.

2. Perused the material available in the case diary as well as the statements made by various witnesses under Section 180 of BNSS coupled with the contents of FIR which prima facie reveals a family feud between the parties as also a counter case has been filed on behalf of the present petitioners. Considering the facts and circumstances, this Court finds no such incriminating materials against the petitioners for which custodial interrogation of the petitioners is necessary.

3. Accordingly, this Court is inclined to grant anticipatory bail to the petitioners subject to fulfillment of certain conditions other than compliance of the conditions laid down in Section 482(2) BNSS.

4. In the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only) each, 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 482(2) of the BNSS and in case of violation of any of such provision the prosecution will be at liberty to pray for cancellation of anticipatory bail granted without further reference to this Court.

5. This application for anticipatory bail is, thus, disposed of as allowed.

(Chaitali Chatterjee (Das), J.)