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Calcutta High CourtCRM (A)/4044/2025rejected

Ali Gazi @ Alamin Gazi @ Ala Gazi v. State Of West Bengal And ANR

2026-01-13Hon'Ble Justice Jay Sengupta2 pages

13.01.2026 Court No.28 Item No.19 ssi CRM (A) 4044 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Suraksha Nagarik Sanhita in connection with Ashokenagar Police Station Case No. 477 of 2025 dated 01.08.2025 under Sections 115(2)/117(2)/126(2)/351(3)/74/75/78/79 of the BNS, 2023 and adding Section 64 (1) of the BNS 2023. And In the matter of: Ali Gazi @ Alamin Gazi @ Ala Gazi ....Applicant/Petitioner Mr. Surajit Basu Ms. Jasika Alam ...for the petitioner Mr. Antarikhya Basu Ms. Suparna Chatterjee ..for the State Report filed on behalf of the State is taken on record. Despite service, no one appears on behalf of the alleged victim. Learned counsel appearing on behalf of the petitioner submits that there was a dispute between the two which led to an altercation.

However, there no case of sexual assault is made out. Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. He submits that as per the version of the victim and the local eye-witnesses, the victim was tied to a pole and assaulted. There was also an allegation that there was a sexual assault. The medical report shows that there was an injury on the victim's face.

Considering the above and the other incriminating materials available in the case diary, 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.)