Calcutta High CourtCRM (A)/3277/2025allowed

Samir Kshetrapal @ Nyara v. State Of West Bengal

2025-10-14Hon'Ble Justice Apurba Sinha Ray2 pages

14.10.2025 Court No.06 CP Allowed CRM (A) No. 3277 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 Pandua Police Station Case No. 721 of 2024 dated 15.11.2024 under Sections 126(2)/115(2)/117(2)/109/3(5) of the BNS. And In the matter of: - Samir Kshetrapal @ Nyara ...petitioner.

Mr. Uday Sankar Chattopadhyay Ms. Rajashree Tah Ms. Trisha Rakshit Ms. Bidisha Chakraborty ...for the petitioner.

Ms. S. Banerjee ...for the State.

1. Having heard the submission of the learned advocate for the petitioner and also taking into consideration the objection of the learned State counsel, I find that the injury report did not mention who assaulted the injured. The FIR was lodged more than one year after the incident.

2. It is true that there are sufficient materials showing that the injured were treated in NRS Medical College and Hospital but there is no mention of the name of the assailants in the said medical documents.

3. In view of the above, I am inclined to allow the prayer for anticipatory bail in favour of the petitioner.

4. Accordingly, in the event of arrest, the petitioner, namely, Samir Kshetrapal @ Nyara 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. 3277 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.)