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Calcutta High CourtCRM (A)/3157/2025partly allowed

Sk Sahajan @ Sk Shah Jamal @ Bisagu @ Baisagu v. State Of West Bengal

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

27.10.2025 SL.22 Ct.No.28 NB CRM (A) 3157 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 Chanchal P.S. Case No.1003 of 2024 dated 08.09.2024 under Section 126(2)/117(2)/118(2)/109/303(2)/3(5) of the BNS. And In the matter of: Sk Sahajan @ Sk Shah Jamal @ Bisagu @ Baisagu & Anr.

... petitioners Mr. A. Islam, Ms. Shibani Agarwal.

...for the petitioners.

Md. Anwar Hossain, Ms. Diksha Ghosh.

...for the State.

Heard the learned counsels for the parties.

Perused the case diary.

It appears that the petitioner no.1 stands on the same footing as some other co-accused who were granted anticipatory bail by the Sessions Court.

Considering the materials available in the case diary including the statement of witnesses and the injury report, the respective roles ascribed to each of the present petitioners and the fact that charge sheet has been submitted, while I am inclined to grant anticipatory bail to the petitioner no.1 (Sk Sahajan @ Sk. Shah Jamal @ Bisagu @ Baisagu), the application for anticipatory bail of the petitioner no.2 is rejected.

Accordingly, in the event of arrest, the petitioner no.1 (Sk Sahajan @ Sk. Shah Jamal @ Bisagu @ Baisagu) 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 the petitioner no.1 shall not threaten or intimidate witnesses or tamper with evidence and shall surrender before the learned jurisdictional Court and pray for bail within four weeks from this date and shall regularly attend the jurisdictional Court. The application for anticipatory bail is, thus, disposed of. 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.)