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Calcutta High CourtCRM (A)/3974/2025allowed

Jasim @ Josim Akhtar v. State Of West Bengal

2025-12-18Hon'Ble Justice Jay Sengupta2 pages

18.12.2025 Court No. 28 Item No. 62 Amalranjan Allowed CRM (A) 3974 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Raiganj P.S. Case No.730 of 2025 dated 01.07.2025 under Sections 105/3(5) of the Bharatiya Nyaya Sanhita, 2023 with G.R. Case no. 1627 of 2025.

And In the matter of: Jasim @ Josim Akhtar ....Petitioner.

Ms. Jiya Bose Mr. Prakash Mishra ...for the petitioner.

Ms. Sonali Das Ms. Sudeshna Das ....for the State.

Report submitted by the State is taken on record. Heard learned counsel for the parties and perused the case diary. The prosecution case is that the petitioner used to supply medicines and drugs without prescriptions. As per mother's statement, the victim went to the petitioner and bought the medicines and took it and pass away. The cause of the death was due to poisoning. The report says that there was another Doctor by the name of Josim alias Josim Akhtar, who is different from the present Josim Akhtar. Although there is no bill for the said medicines in the said case. Considering the materials available in the case diary I do not think that the custodial interrogation of the petitioner is required in this case and I am inclined to grant anticipatory bail to the petitioner, his movement needs to be restricted for a limited period.

In the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- 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 condition that the petitioner shall cooperate with investigation, 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.)