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Calcutta High CourtCRM (A)/3918/2025rejected

Sk. Shahanawaz @ Chattan Kallu v. State Of West Bengal

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

12.12.2025 Court No.28 Item No.23 ssi CRM (A) 3918 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Suraksha Nagarik Sanhita in connection with Beniapukur Police Station Case No. 138 of 2024 dated 19.08.2024 under Sections 109/3(5)/61(2) BNS, 2023 and Section 25 (1B ) (a) of the Arms Act..

And In the matter of: Sk. Shahanawaz @ Chattan Kallu ....Applicant/Petitioner Mr. Soubhik Mitter Ms. Rajnandini Das ...for the petitioner Mr. Anand Keshari Ms. Suparna Chatterjee ..for the State Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner has been falsely implicated in this case by invoking Section 61 (2) of the BNSS. The petitioner was admittedly not present at the place of occurrence at the relevant time. Learned counsel appearing on behalf of the State strongly opposes the prayer for anticipatory bail. He refers to the statements of the victim and other witnesses as well as injury report that shows grievous injury. As per the statement of a witness, he had heard the present petitioner and the others conspiring to attack the victim. As per the statements of the victim, on the previous day the petitioner and others had assaulted the victim, but, the major assault and attack took place on the next date, and this was at the instigation of the present petitioner.

Considering the incriminating materials available in the case diary and the statements of the victim and the other local witnesses, 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.)