Sk Nizamuddin @ Nizam Sk v. State Of West Bengal And ANR

14.10.2025 Court No.06 CP Allowed CRM (A) No. 3208 of 2025 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 / Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Sankrail Police Station Case No. 352 of 2024 dated 08.05.2024 under Sections 363/365 of the Indian Penal Code and Sections 6/17/21 of the POCSO Act.

And In the matter of: - Sk. Nizamuddin @ Nizam Sk ...petitioner.

Mr. Sandip Chakraborty Mr. Moyukh Mukherjee Mr. Kaustav Bhattacharyya ...for the petitioner.

Ms. Zareen Nasema Khan Ms. Trisha Rakshit ...for the State.

1. Learned counsel for the petitioner has submitted that the petitioner is not the principal accused and, therefore, the prayer for anticipatory bail should be granted on any condition. He has further submitted that the petitioner is a handicapped person.

2. Learned counsel for the State has opposed the prayer for anticipatory bail. However, the learned counsel has left the matter to the discretion of this Court. She has placed the case diary.

3. After going through the materials on record in the C.D., it appears that the present petitioner is not the principal accused and hence he should be favoured with an order of anticipatory bail.

4. Accordingly, in the event of arrest, the petitioner, namely, Sk. Nizamuddin @ Nizam Sk, shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand), with one surety of like amount, subject to the satisfaction of the Investigating Officer and shall abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023, until further orders.

5. In case the petitioner fails to adhere to any of the conditions stated above, the learned trial court shall be entitled to cancel the bail without further reference to this Court.

6. The application for anticipatory bail being CRM (A) No. 3208 of 2025 is accordingly disposed of.

7. Criminal Section is directed to make available certified copies of this order to the parties, if applied for, upon compliance with all requisite formalities.

(Apurba Sinha Ray, J.)