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Calcutta High CourtCRM (A)/3598/2025partly allowed

Samshun Nehar @ Samsun Nehar v. State Of West Bengal

2025-11-25Hon'Ble Justice Jay Sengupta2 pages

25.11.2025 SL.36 Ct.No.28 NB CRM (A) 3598 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 Chanchal P.S. Case No.543 of 2025 dated 07.05.2025 under Sections 126(2)/118(2)/110/351(2)/3(5) of the BNS. And In the matter of: Samshun Nehar @ Samsun Nehar & Anr. ... petitioners Mr. Arup Sarkar, Mr. Gourav Roy .

...for the petitioners.

Mr. Md. Anwar Hossain, Ms. Trina Mitra.

...for the State.

Learned counsel appearing on behalf of the petitioners submits that there was an altercation between the neighbours. None of the injuries suffered was grievous in nature.

Learned counsel appearing on behalf of the State opposes the prayer of the anticipatory bail. She refers to the injury reports, the statements of victims and other witnesses.

Considering the nature of injury inflicted on forehead and forearm, the statement of the victim recorded before the learned Magistrate and considering the fact that the petitioner no.1 is a female member of the household, while I am inclined to grant anticipatory bail to the petitioner no.1 (Samshun Nehar @ Samsun Nehar), the application for anticipatory bail of the petitioner no.2 is rejected. Accordingly, in the event of arrest, petitioner no.1 (Samshun Nehar @ Samsun Nehar) 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 no.1 shall cooperate with the investigation and shall not threaten or intimidate witnesses or tamper with evidence in any manner whatsoever.

The application for anticipatory bail is partly allowed and 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.)