Calcutta High CourtCRM(A)/729/2025rejected

Bappi Sarkar @ Bapi v. The State Of West Bengal

2025-11-19Hon'Ble Justice Bivas Pattanayak2 pages

IN THE HIGH COURT AT CALCUTTA

Circuit Bench at Jalpaiguri Criminal Miscellaneous Jurisdiction 19.11.2025 18 (DL) AN (REJECTED) C.R.M. (A) 729 of 2025 In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kotwali P.S. Case No. 214 of 2025 dated 22.04.2025 under Section 14A of Foreigner Act, 1946, read with Sections 224/303(2)/317(2) of the Bharatiya Naya Sanhita, 2023.

In the matter of : Bapi Sarkar @ Bapi ... Petitioner.

Mr. Papai Mahammad ...for the Petitioner.

Mr. Kallol Acharjee Mr. Tapan Bhattacharjee Mr. Dhiman Sil ...for the State.

1. The petitioner renews his prayer for anticipatory bail.

2. Learned advocate for the petitioner submits that he is an Indian citizen. Upon completion of investigation charge sheet has been submitted and there is no iota of evidence against the petitioner. He seeks for grant of anticipatory bail to the petitioner.

3. On the contrary, opposing such prayer for anticipatory bail, learned advocate for the State submits that involvement of the petitioner is revealed from the statement of the BSF Personnel. Upon considering the materials on record and the case diary, the prayer for anticipatory bail of the petitioner was previously rejected

by this Court. He seeks for dismissal of the application for anticipatory bail.

4. Perused the case diary and the materials on record.

5. It is found from the statement of the witnesses that this petitioner on the date of incident, fled away from the scene of occurrence. Upon perusal of the case diary and the materials, prayer for anticipatory bail of the petitioner was previously rejected by this Court in CRM(A) 310 of 2025 on 14th May, 2025.

6. There is no change of circumstances.

7. Considering the above, I am not inclined to grant the prayer for anticipatory bail in favour of the petitioner.

8. Thus, the prayer for anticipatory bail is rejected.

9. The application being CRM(A) 729 of 2025 stands dismissed.

(Bivas Pattanayak, J.)