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Calcutta High CourtCRM (A)/4402/2025partly allowed

Najema Bibi @ Najema And ORS. v. State Of West Bengal

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

22.01.2026 Court No.28 Item No.52 ssi CRM (A) 4402 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Suraksha Nagarik Sanhita in connection with Chanchal Police Station Case No.1059 of 2025 dated 11.08.2025 under Sections 329 (4)/115(2)/74/118(2)/109/3(5) of the BNS and subsequently charge sheet submitted on 18.11.2025 being Charge sheet No.

of under Section (4)/115(2)/74/117(2)/110/3(5) of the BNS.

And In the matter of: Najema Bibi @ Najema & others. .... Petitioners.

Mr. Amanul Islam Mr. Raja Das ...for the petitioners Mr. Koushik Kundu Ms. Soubteya Ganguly ..for the State Learned counsel appearing on behalf of the petitioners submits as follows. There was a fight between family members over catching fish in a pond. No grievous injury was suffered. Charge sheet has been submitted.

Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. He submits that the statements of the victim and other witnesses implicate the present petitioners. The injury shows punctured wound inflicted on a vital part of the body like head with iron rod.

From the statements it appears that a particular role has been ascribed to the present petitioner no.3.

Considering the above, the other materials available in the case diary and the alleged roles ascribed to each of the present petitioners, while I am inclined to grant anticipatory bail of the petitioner nos. 1,

2, 4 and 5, the application for anticipatory bail of the petitioner no.3 is rejected.

Accordingly, the application for anticipatory bail of the petitioner nos. 1, 2, 4 and 5 ( Najema Bibi @ Najema, Laili Bibi @ Laili Khatun, Sadek Ali @ Sadek and Hensar Ali) is allowed. In the event of arrest, the petitioner nos. 1, 2, 4 and 5 ( Najema Bibi @ Najema, Laili Bibi @ Laili Khatun, Sadek Ali @ Sadek and Hensar Ali) 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 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 conditions that on further conditions that the petitioner nos. 1, 2, 4 and 5 shall not threaten or intimidate the witnesses and shall co-operate with the investigation. The petitioner nos. 4 and 5 shall meet the I.O. once a week till submission of report in final form.

The application for anticipatory bail is, thus, disposed of. (Jay Sengupta, J.)