Sekh Salman v. State Of West Bengal

05.12.2025 Court No.28 Item No.21 ssi CRM (A) 3775 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Suraksha Nagarik Sanhita in connection with Kalitala Ashuti Police Station Case No. 196 of 2025 dated 13.10.2025 under Sections 74/64 (1)/62/117(2)/351(3)/3(5) of the BNS, 2023. And In the matter of: Sekh Salman ....Applicant/Petitioner Mr. Abhishek Halder Mr. Maidul Islam Kayal Mr. N. A. Sardar Mr. Archishman Singh ...for the petitioner Mr. Moniruzzaman ..for the de facto Ms. Shaila Afrin Ms. Nahid Ahmed ..for the State It appears that due to inadvertence, the names of the learned advocates appearing on behalf of the State were not recorded in the order dated 28.11.2025. On that date, Ms. Shaila Afrin and Ms. Nahid Ahmed, learned counsels, had represented the State. Their names shall be deemed to have been recorded in the said order. The inadvertent typographical error is hereby corrected and the order dated 28.11.2025 shall always be read conjointly with this order.

Learned counsel appearing on behalf of the petitioner submits that the petitioner has been falsely implicated in this case. He relies on orders of the Sessions Court granting anticipatory bail to other coaccused. Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. She relies on the statement of the victim

recorded before a learned Magistrate, the injury report and the statements of neighbours all pointing towards the guilty of the accused.

The prosecution is that the petitioner and some others came to the house of the victim in a drunken condition outraged the modesty of the victim assaulted her and tried to rape. Considering the incriminating materials available in the case diary including the statements of witnesses, the victim and other eyewitnesses and the injury report and the alleged role ascribed to the present petitioner, I do not consider this is to be a fit case for granting anticipatory bail.

Accordingly, the application for anticipatory bail of the petitioner is rejected.

(Jay Sengupta, J.)