Asraful Alam @ Hatu Sk. And ORS. v. State Of West Bengal

12.09.2025 Sl. No.24 Ct. 28 NB C.R.M. (A) 2824 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 Khargram PS Case No.127/2024 dated 08.04.2024 under Sections 143/326/307/34 of the Indian Penal Code and Section 25/27 of the Arms Act and Section 9(b)(ii) of the I.E. Act. And In the matter of: Asraful Alam @ Hatu Sk. & Ors. ... petitioners Mr. Kallol Kr. Basu, Md. Jannat Ul Firdous, Mr. Raj Sekhar Hota ...for the petitioners.

Ms. Sayanti Santra, Mr. Atulya Sinha.

...for the State.

Report filed on behalf of the State is taken on record. It appears from the report that the age of the petitioner no.2 is indeed 80 years.

Heard the learned counsels for the parties.

Perused the case diary.

Considering the materials available in the case dairy and the fact that that bombs were hurled and shots were fired and the fact that charge sheet has been submitted, while I am inclined to grant anticipatory bail to the petitioner no. 2 (Bani Sk.) because of his advanced age, the application for anticipatory bail of the petitioner nos.1 (Asraful Alam @ Hatu Sk.) and 3 (Rayel Islam @ Royal Islam) is rejected.

Accordingly, in the event of arrest, the petitioner no. 2 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 Arresting Officer and subject to the conditions as laid down under Section 438 of the Code of Criminal Procedure, corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita and on further condition that petitioner no. 2 (Bani Sk.) shall not threaten or intimidate witnesses or tamper with evidence in any manner whatsoever and shall surrender before the learned jurisdictional Court and pray for bail within four weeks from this date. The application for anticipatory bail being C.R.M. (A) 2824 of 2025 is, thus, allowed.

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.)