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Calcutta High CourtCRM (A)/28/2026allowed

Safikul Islam @ Safikul Sk. v. State Of West Bengal

2026-02-20Hon'Ble Justice Jay Sengupta2 pages

20.02.2026 Court No.28 Item No. 22 tbsr Allowed CRM (A) 28 of 2026 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Baishnabnagar P.S. Case No.1163 of 2025 dated 10.09.2025 under Sections 303(2)/317(2)/317(4)/111(4)/3(5) of the BNS read with Section 11(d) of the Prevention of Cruelty to Animals Act. And In the matter of: Safikul Islam @ Safikul Sk.& Ors. ....Petitioners Mr. Kazi M. Rahman ....for the petitioners Ms. Sujata Das Mr. Arup Sarkar ....for the State Report filed on behalf of the State is taken on record. Learned counsel appearing on behalf of the petitioners submits that the only material against the petitioners is the statement of a coaccused, which is not admissible in evidence. Charge sheet has been submitted.

Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. She submits that there is another case initiated against the petitioner under similar provisions. However, the same was registered after registration of the present case. Considering the above, the other materials available in the case diary and the fact that charge sheet has already been submitted, I am inclined to grant anticipatory bail to the petitioners. 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 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 condition that the petitioners shall surrender before the learned jurisdictional Court and pray for bail within four weeks from this date and shall attend the jurisdictional Court regularly and shall not threaten or intimidate witnesses.

The application for anticipatory bail is, thus, 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.)