Calcutta High CourtCRM (A)/3181/2025partly allowed

Sk.Enamul And ORS. v. State Of West Bengal

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

27/10/2025 D/L - 32 Court No.28 S. Kundu Partly Allowed C.R.M.(A) 3181 of 2025 In Re: An application for anticipatory bail under Section 482 of the BNSS, 2023. In connection with Jorasanko police station case no. 159 of 2025 dated 11.8.2025 under sections 61/316(2)/318(4) of the BNS.

In the matter of: Sk. Enamul & Ors.

...Petitioners.

Mr. Partha Sarathi Mondal ...for the petitioners.

Ms. Faria Hossain Md. Yuser Amman Ismail ...for the State.

1. Heard the learned counsels for the parties.

2. Perused the case diary.

3. It is alleged that the accused received materials worth Rs.25 Lakhs for supplying final products, but did not do so and criminally misappropriated the sums.

4. As per the State, notices were given to the accused. But, they did not respond.

5. As per the petitioners, the prime allegations are against the petitioner no. 1 and the petitioner nos. 2 and 3 are only the sons of the petitioner no. 1.

6. Considering the nature of allegations, the materials available in the case diary, the fact that the accused did not respond to the notices given by the Police and the alleged roles ascribed to each of the petitioners, while I am inclined to grant anticipatory bail to the petitioner

nos. 2 (Sk. Selim) and 3 (Sk. Sahanaj), the application of anticipatory bail of petitioner no. 1 is rejected.

7. In the event of arrest, the petitioner nos. 2 and 3 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 further conditions that the said petitioners shall cooperate with the investigation and shall not threaten or intimidate witnesses. The petitioner nos. 2 and 3 shall meet the Investigating Officer once a fortnight till submission of report in final form.

8. Accordingly, the application for anticipatory bail is allowed-in-part.

9. Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance with requisite formalities.

(Jay Sengupta, J.)