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Calcutta High CourtCRM (A)/3390/2025allowed

Samrul @ Samirul Islam @ Ali v. The State Of West Bengal

2025-11-21Hon'Ble Justice Jay Sengupta2 pages

21.11.2025 Court No.28 Item No.26 tbsr Allowed CRM (A) 3390 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Pukhuria P.S. Case No.252 of 2025 dated 26.05.2025 under Sections 14A(b), 14C of the Foreigners Act.

And In the matter of: Samrul @ Samirul Islam @ Ali ....Petitioner.

Mr. Sagar Saha Ms. Nayana Mukhopadhyay ...for the petitioner Mr. Sujata Das Mr. Shashanka Shekhar Saha ....for the State Learned counsel appearing on behalf of the petitioner submits that as per the FIR, the principal accused came into contact with the brother of the present petitioner about two years after he had entered into India. The petitioner, an Indian national, is in no way connected with the alleged offence.

Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. She submits the only material available against the present petitioner is the statement of a co-accused. Charge sheet has been submitted.

Considering the fact that the only material available against the present petitioner is the statement of a co-accused, the fact that charge sheet has been submitted and the fact that petitioner is an Indian national, I am inclined to grant anticipatory bail to the petitioner.

In the event of arrest, the petitioner 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 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 petitioner shall not threaten or intimidate witnesses, shall surrender before the learned jurisdictional Court and pray for bail within four weeks from this date.

The application for anticipatory bail is, thus, allowed. Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.

(Jay Sengupta, J.)