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Calcutta High CourtCRM (A)/3243/2025allowed

Laltu Sekh @ Laltu Sk And ORS. v. State Of West Bengal

2025-10-31Hon'Ble Justice Jay Sengupta2 pages

31.10.2025 Court No.28 Item No.57 Cp Allowed CRM (A) No. 3243 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Paikar Police Station Case No.417 of 2025 dated 08.08.2025 under Sections 126(2)/115(2)/117(2)/110/3(5) of the BNS, 2023. And In the matter of: Laltu Sekh @ Laltu Sk & Ors. ....Applicants/Petitioners.

Mr. Bitasok Banerjee Mr. A. Salam ...for the petitioners Mr. Imran Ali Mr. Debanik Das ...for the State Learned counsel appearing on behalf of the petitioners submits as follows. The FIR is the result of a scuffle between neighbours. There was a cut injury on an earlobe of a victim. However, the same can, by no stretch of imagination, be treated as a grievous injury. Learned advocate appearing on behalf of the State opposes the prayer for anticipatory bail. He refers to the statement of the victims and to the injury reports.

It appears that in one of the injury reports the injury is described as grievous although it states about cut injury and abrasion over earlobe and multiple scratches over right hand and body. Considering the materials available in the case diary and the statements including the statements of witnesses, I do not think that custodial interrogation of the petitioners is required in this case and I am inclined to grant anticipatory bail to the petitioners although the

movement of the petitioner no. 1 should be restricted for a limited period.

Accordingly, the application for anticipatory bail of the petitioners is allowed.

In the event of arrest, the petitioners 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 petitioners shall not threaten or intimidate the witnesses and shall co-operate with investigation. The petitioner no. 1 shall meet the Investigating Officer once a fortnight till submission of the report in final form and stay outside the jurisdiction of the Paikar Police Station for a period of four months, except for meeting the Investigating Officer or for attending the jurisdictional court. The application for anticipatory bail is, thus, disposed of. (Jay Sengupta, J.)