Samsad Sk And ORS. v. State Of West Bengal

27.01.2026 Sl. No.60 Ct. 28 NB C.R.M. (A) 8 of 2026 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 Kaliachak PS Case No.1615/2025 dated 16.09.2025 under Sections 126(2)/117(2)/118(2)/109/3(5) of the BNS, 2023. And In the matter of: Samsad Sk & Ors.

... petitioners Md. Wasim Akram, Ms. Sabina Parveen.

...for the petitioners.

Mr. Imran Ali, Ms. Baisakhi Chatterjee.

...for the State.

Learned counsel appearing on behalf of the petitioners submits as follows. The petitioner no.2 had earlier been thrown out of her matrimonial home. There was an attempt to settle the matter which did not fructify. A fight ensued between the private parties. However, there was no grievous injury caused. There are case and counter case.

Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. He refers to the statements of witnesses and the injury reports. It appears from the injury reports that the petitioner no.3 had assaulted one of the victims with a "Hasoa" and as a result, serious injury was suffered by the victim on his head. Considering the above, the other materials available in the case dairy, the alleged role ascribed to each of the present

petitioners, while I am inclined to grant anticipatory bail to the petitioner no.1 (Samsad Sk.) and the petitioner no.2 (Jannatun Firdous @ Janatun Khatun), the application for anticipatory bail of the petitioner no.3 (Aliul Sk.) is rejected.

Accordingly, in the event of arrest, the petitioner no.1 (Samsad Sk.) and the petitioner no.2 (Jannatun Firdous @ Janatun Khatun) 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 petitioner no.1 (Samsad Sk.) and the petitioner no.2 (Jannatun Firdous @ Janatun Khatun) shall not threaten or intimidate witnesses or tamper with evidence in any manner whatsoever and shall surrender before the learned jurisdictional Court and pray for bail within four weeks from this date and shall attend the jurisdictional Court regularly. The application for anticipatory bail being C.R.M. (A) 8 of 2026 is, partly allowed.

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.)