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Calcutta High CourtCRM (A)/3898/2025allowed

Mofijuddin Sk @ Mofijuddin And ORS. v. State Of West Bengal

2025-12-04Hon'Ble Justice Jay Sengupta2 pages

AD 69 December 4, 2025 Ct. 28 SG CRM(A) 3898 of 2025 Allowed An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kaliachak Police Station Case No.1797 of 2024 dated 07.11.2024 under Sections 126(2)/191(2)/189(4)/115(2)/ 118(2)/109/61(2)/3(5) of the BNS, 2023.

And In the matter of:

Mofijuddin Sk @ Mofijuddin and others ... petitioners Mr. Amitabha Karmakar Mr. A.K. Bhowmick ... for the petitioners Md. Anwar Hossain Mr. Nirupam Dhali ... for the State Heard learned counsels for the parties.

Perused the case diary.

The prosecution case is that there was an agitation by the locals over an accident that had taken place. 55 persons were named as accused in the FIR, out of whom 34 persons have been granted anticipatory bail.

Considering the materials available in the case diary and the fact that charge-sheet has been submitted, 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 surrender before the jurisdictional court and pray for bail within four weeks from this date 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.)