Biswanath Samajdar And ORS. v. State Of West Bengal And ANR
A 30 December 1, 2025 Ct. 28 SG CRM(A) 3695 of 2025 Allowed An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Chakdah Police Station Case No.1049 of 2025 dated 12.09.2025 under Sections 329(3)/75/76/117(2)/351(3)/ 3(5) of the BNS, 2023 and 3(1)(r)(s) of the SC and ST (PoA) Act, 1989.
And In the matter of:
Biswanath Samajdar and others ... petitioners Mr. Sumanta Das ... for the petitioners Mr. Arijit Ganguly Ms. Sanjida Sultana ... for the State Affidavit of service filed by the petitioners is taken on record.
It appears from the annexures to the application for anticipatory bail as also the case diary that both the de facto complainant and the present petitioners/accused belong to the Scheduled Castes community. Therefore, the offences as alleged under the SC & ST (PoA) Act are not prima facie attracted.
Hence, the application for anticipatory bail is maintainable.
Heard learned counsels for the parties.
Perused the case diary.
Considering the above and the other materials available in the case diary, I am inclined to grant anticipatory bail to the petitioners.
In the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- (rupees ten thousand) 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 the further conditions that the petitioners shall cooperate with the investigation, shall meet the investigating officer once a fortnight till submission of report in final form and shall not threaten or intimidate witnesses.
The application for anticipatory bail is, thus, allowed. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of requisite formalities.
(Jay Sengupta, J.)