Sanjay Halder v. The State Of West Bengal And ANR

21.07.2025 IN THE HIGH COURT AT CALCUTTA Item No. 05 CIRCUIT BENCH AT JALPAIGURI Ct. No. 03 CRIMINAL MISCELLANEOUS JURISDICTION RUP Allowed C.R.M.(A) 438 of 2025 In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Bhaktinagar Police Station Case No. 448 of 2025 dated 17.05.2025 under Sections 329(4)/ 115(2)/ 117(2)/ 76/64/ 62/ 351(2)/ 3(5) of Bharatiya Nyaya Sanhita, 2023, pending before the Court of the Learned Chief Judicial Magistrate, Jalpaiguri. And In the matter of : Sanjay Halder ...... petitioner Mr. Bibek Tarafder ....for the petitioner Mr. Aditi Shankar Chakraborty, Ld APP (VC) Mr. Ujjwal Luksom, Mr. Sagnik Sankar Sikdar.

....for the State

1. Learned counsel appearing on behalf of the petitioner has prayed for anticipatory bail submitting, inter alia, that this case was filed as counter-blast.

2. In support of this contention he has referred to the written complaint dated 16.05.2025 which was lodged before the jurisdictional police station at 00.35 hours.

3. That apart, learned counsel appearing on behalf of the petitioner has submitted that there is no specific allegation against the petitioner/ Sanjay Halder.

4. In opposition to that, learned counsel appearing on behalf of the State has referred to the statement recorded under Section 183 of the BNSS particularly, the statement of victim and her daughter.

5. Considering the facts and circumstances, the prayer for anticipatory bail stands allowed.

6. Accordingly, the petitioner/Sanjoy Halder is being enlarged on bail upon furnishing bond of Rs.15,000 (Fifteen Thousand Only) with two sureties Rs.7500/- each to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 482(2) of the BNSS and on further condition that the petitioner shall meet the Investigating Officer once in a month till the conclusion of investigation and on condition that the petitioner shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.

7. As a sequel, the application being C.R.M. (A) 438 of 2025 for anticipatory bail is, thus, allowed.

8. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

9. Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.

(Bibhas Ranjan De. J.)