Calcutta High CourtCRM (A)/3117/2025partly allowed

Ajibul Sk And ORS. v. State Of West Bengal

2025-11-07Hon'Ble Justice Jay Sengupta2 pages

07.11.2025 Court No.28 Item No.32 tbsr Partly Allowed CRM (A) 3117 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kaliganj P.S. Case No.560 of 2025 dated 07.07.2025 under Sections 329(4)/117(2)/109/74/76/351(2)/3(5)/103 of the Bharatiya Nyaya Sanhita, 2023.

And In the matter of: Ajibul Sk. & Ors.

....Petitioners.

Mr. Asraf Mandal Mr. Tanbir Mandal ...for the petitioners.

Ms. Baisali Basu Mr. Subham Bhakat .....for the State.

Leave is granted to amend the cause title.

Heard the learned counsels for the parties.

Perused the case diary.

Considering the incriminating materials available in the case diary including the post mortem report which shows that the death was caused due to ante mortem head injury and the statements of independent eye-witnesses taking the names of the petitioner no. 1 and 2 as the principal assailants and the name of others also as assailants, the alleged roles ascribed to each of the present petitioners, while I am inclined to grant anticipatory bail to the petitioner nos. 3 and 4, the application for anticipatory bail of the petitioner nos. 1 and 2 is rejected.

In the event of arrest, the petitioner nos. 3 and 4 shall be released on bail upon furnishing a bond of Rs.10,000/- 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 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the BNSS, 2023 and on further condition that the petitioner Nos. 3 and 4 shall cooperate with investigation, shall not threaten or intimidate witnesses and shall surrender and pray for bail before the learned jurisdictional Court within four weeks from this date.

The application for anticipatory bail is, thus, disposed of. Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.

(Jay Sengupta, J.)