Sahajahan Sekh And ANR. v. State Of West Bengal

17.12.2025 Court No.28 Item No.35 ssi CRM (A) 3866 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Suraksha Nagarik Sanhita in connection with Bolpur Police Station Case No.290 of 2025 dated 30.06.2025 under Sections 303 (2)/317(2) of the BNS 2023 read with Section 21 of the Mines and Minerals (Development and Regulation) Act, 1957. And In the matter of: Sahajahan Sekh & another.

....Applicants/Petitioners.

Mr. Kallol Mondal, Sr. Adv.

Mr. Jakir Hussain Mr. Mazhar Hossain Chowdhury Mr. Krishan Roy Mr. Souvik Das Mr. Anamita Banerjee Mr. Sreyash Kr. Singh ...for the petitioners Mr. Iqbal Kabir Ms. Nahid Ahmed ..for the State Learned senior counsel appearing on behalf of the petitioners submits as follows. The petitioners have been falsely implicated in this case due to political rivalry. The petitioners are not at all involved in illegal sand mining. The accused from whom the materials were seized have already been arrested.

Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. He relies on the statements of the coaccused as well as on phone call records showing calls made between the petitioners and the arrested accused. Charge sheet has already been submitted.

Considering the materials available in the case diary, the fact that other than the statements of a co-accused, the only materials

available against the petitioners are call records and the fact that charge sheet has been submitted, I am inclined to grant anticipatory bail to the petitioners.

Accordingly, the application for anticipatory bail of the petitioners is allowed.

In the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- 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 further conditions that the petitioners shall surrender before the learned jurisdictional Court and pray for bail within four weeks from this date and shall attend the jurisdictional Court regularly. The petitioners shall not threaten or intimidate the witnesses. The application for anticipatory bail is, thus, disposed of. (Jay Sengupta, J.)