Samsuddin Ahmed v. State Of West Bengal

17.11.2025 Sl. No.29 NB CRM (A) 3405 of 2025 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Santiniketan PS Case No.109/2025 dated 21.03.2025 under Sections 420/406/120B of the Indian Penal Code. And In the matter of: Samsuddin Ahmed ... petitioner Mr. Prithvijoy Das, Ms. Ishani Ghosal.

...for the petitioner.

Mr. Joydeep Biswas, Mr. Sharequl Haque.

...for the State.

Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner stands on same footing as a co-accused who was granted anticipatory bail by this Court on 20.08.2025 in CRM (A) 1455 of 2025.

Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. However, he admits that the present petitioner stands on the same footing as the one who was granted anticipatory bail.

Considering the materials available in the case diary, the fact that the deed of sale in question contained a memo of consideration duly signed by the de facto complainant and the further fact that a similarly circumstanced co-accused was granted anticipatory bail by this Court earlier, I do not think that custodial interrogation of the petitioner is required in this case and I am inclined to grant anticipatory bail to the present petitioner.

Accordingly, 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 Arresting Officer and subject to the conditions as laid down under Section 438 of the Code of Criminal Procedure, corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita and on further condition that the petitioner shall cooperate with the investigation and shall not threaten or intimidate witnesses or tamper with evidence in any manner whatsoever and the petitioner shall meet the Investigating Officer once a week till submission of report in final form.

The application for anticipatory bail is, thus, disposed of. Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities.

(Jay Sengupta, J.)