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Anita @ Phani Sarkar And ORS. v. State Of West Bengal

2026-01-22Hon'Ble Justice Jay Sengupta2 pages

22.01.2026 Sl. No.44 Ct. 28 NB C.R.M (A) 4393 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 Electronics Complex PS Case No.238/2025 dated 05.12.2025 under Sections 123(2)/117(2)/3(5) of Bharatiya Nyaya Sanhita, 2023.

And In the matter of: Anita @ Phani Sarkar & Ors. ... petitioners Mr. S. M. Obaidullah, Mr. Roni Chowdhury.

...for the petitioners.

Mr. Imran Ali, Mr. Saptarshi Chakraborty.

...for the State.

Heard the learned counsels for the parties.

Perused the case diary.

It does not appear that the injury inflicted was grievous in nature.

Considering the above and the other materials available in the case diary, I do not think that custodial interrogation of the petitioners are required in this case and I am inclined to grant anticipatory bail to the present petitioners. Accordingly, in the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of Arresting Officer and subject to the conditions as laid down under Section 438 of the Code of Criminal Procedure,

corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita and on further condition that the petitioners shall cooperate with the investigation and shall not threaten or intimidate witnesses or tamper with evidence in any manner whatsoever and the petitioners shall meet the Investigating Officer once a fortnight till submission of report in final form.

The application for anticipatory bail is, thus, disposed of. 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.)