Calcutta High CourtCRM(A)/317/2026allowed

Md Salim And ORS v. The State Of West Bengal

2026-06-12Hon'Ble Justice Shampa Dutt (Paul)3 pages

12.06.2026 Item no.07 Court No.5.

MKP In the High Court at Calcutta Circuit Bench at Jalpaiguri Criminal Miscellaneous Jurisdiction CRM (A) 317 of 2026 In Re: An Application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

And In the matter of : Md Salim And Ors ........Petitioners.

Mr. Hillol Saha Podder ......for the Petitioners.

Mr. Gopal Roy ..........for the De-facto Mr. Avrojyoti Das, Ld.APP Ms. Rajyashree Ghosh ..............for the State

1. The petitioner herein prayed for anticipatory bail apprehending arrest in connection with the Naxalbari Police Station Case No.128 of 2025 dated 28.07.2025 under Sections 118(3)/109/74/3(5) of the Bharatiya Nyaya Sanhita, 2023.

2. Chargesheet in the present case has been submitted for offence punishable under Sections 118(2)/109/74/3(5) BNS.

3. The de facto complainant in the present case has filed affidavit before this Court, stating that the dispute between parties has been amicably settled and the de facto complainant has no grievance against the petitioner at this stage, if anticipatory bail of the petitioner is considered.

4. On hearing the parties and on perusal of the material on record, case diary including the medical documents filed, this Court finds that prima facie the injuries noted by the Doctor of the Government Hospital, is simple in nature and as such the section under which charge-sheet has been submitted prima facie does not co-relate with the injury reports.

5. Considering the said fact this Court is inclined to grant anticipatory bail to the petitioner.

6. Accordingly, in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.5,000/- each with two sureties of Rs.2,500/- each, one of whom must be local, to the satisfaction of the Arresting Officer and also be subject to further conditions that the petitioners shall cooperate with the investigation and shall not threaten or intimidate witnesses. The petitioners shall meet the I.O. as and when required till submission of report in final form.

7. The prayer for anticipatory bail of the petitioners is allowed.

8. CRM(A) 317 of 2026 is thus, disposed of.

9. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with requisite formalities.

(Shampa Dutt (Paul), J.)