← Library
Calcutta High CourtCRM (A)/4075/2025rejected

Ajit Biswas And ORS. v. State Of West Bengal

2025-12-23Hon'Ble Justice Jay Sengupta2 pages

23.12.2025 Sl. No.33 NB CRM (A) 4075 of 2025 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Gangarampur PS Case No.634/2025 dated 21.09.2025 under Sections 126(2)/118(2)/109(1)/303(2)/351(2)/3(5) of the Bharatiya Nyaya Sanhita 2023.

And In the matter of: Ajit Biswas & Ors.

... petitioners Mr. Sekhar Kr. Basu Sr.Adv., Mr. Antarikhya Basu, Ms. Madhumita Basak, Mr. Sayan Mukherjee, Ms. Mayurakshi Saha ...for the petitioners Mr. S. S. Imam, Ms. S. Naaz.

...for the State.

Mr. Kaushik Choudhury ...for the de facto complainant.

Learned senior counsel appearing on behalf of the petitioners submits as follows. There are case and counter case. Both sides sustained injuries. The petitioners have been falsely implicated in this case.

Learned counsel appearing on behalf of the de facto complainant files vakalatnama, which is taken on record. He strongly opposes the prayer for anticipatory bail and submits that stab wounds were inflicted on the face of the victim.

Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. He relies on the case diary and points to the injury reports, the photographs and the statements of witnesses. He says that one of the victim suffered a fracture injury on the leg and stab wounds on the face. According to the witnesses, the accused also used a hammer to hit the face of the victim.

Considering the serious nature of allegations and the other incriminating materials available in the case diary, I do not consider this to be a fit case for granting anticipatory bail. The application for anticipatory bail is, thus, rejected. Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities.

(Jay Sengupta, J.)