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Calcutta High CourtCRM (A)/3095/2025rejected

Habib Sk @ Habibul Rahaman Shaikh v. State Of West Bengal And ANR

2025-10-27Hon'Ble Justice Jay Sengupta2 pages

27.10.2025 Court No.28 Item No.9 ssi CRM (A) 3095 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Suraksha Nagarik Sanhita in connection with Tehatta Police Station Case No.640 of 2025 dated 17.08.2025 under Sections 329(4)/ 64/62/79 of the BNS, 2023.

And In the matter of: Habib Sk @ Habibul Rahaman Shaikh ....Applicant/Petitioner Mr. Amanul Islam Mr. Sourav Mukherjee ...for the petitioner Ms. Baisali Basu Mr. Nirupam Dhali ..for the State Affidavit of service filed on behalf of the petitioner is taken on record.

Copies of documents filed on behalf of the petitioner are also taken on record.

Learned counsel appearing on behalf of the petitioner submits as follows. Actually, the de facto complainant's husband owed some money to the present petitioner. When the petitioner demanded the money back, he was assaulted and a false case was registered against the petitioner. Subsequently, the petitioner's wife has also registered a case against the perpetrators of crime.

Learned counsel appearing on behalf of the State relies on the case diary and strongly opposes the prayer for anticipatory bail. They rely on the statement of the victim recorded before a learned Magistrate and statements of local post occurrence witnesses who stated that upon hearing the victim's cries when the neighbors came, the assailants fled away.

Considering the serious nature of allegations and the materials available in the case diary, I do not consider this is to be a fit case for granting anticipatory bail.

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

(Jay Sengupta, J.)