Pradip Sarkar v. The State Of West Bengal

08.01.2026 Item no. 19.

Court No.3.

Rakib In the High Court at Calcutta Circuit Bench at Jalpaiguri Criminal Miscellaneous Jurisdiction CRM (A) 962 of 2025 In Re: An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure, 1973/Under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Pundibari Police Station Case No. 03 of 2025 dated 01.01.2025 under Sections 126(2)/118(2)/109 of the Bharatiya Nyaya Sanhita, 2023.

And In the matter of : Pradip Sarkar.

......Petitioner.

Ms. Suman Sehanabis (Mandal) Ms. Anwesha Chakraborty ......for the Petitioner.

Mr. Kallol Acharjee Mr. Bhaskar Das ......for the State.

Learned advocate appearing for the petitioner submits that the lacuna in the investigation itself reflects the innocence of the present petitioner. According to the learned advocate neither the CCTV footages were collected nor any ascertainment was made in respect of the genuinity of the accusations and there is a case and counter case.

Learned advocate for the State on the other hand draws the attention of the Court to the injury report as well as the statements available.

Having considered the nature of injuries inflicted, I am of the opinion that this is not a fit case to grant the privilege of anticipatory bail.

Accordingly, the prayer for anticipatory bail of the petitioner in CRM (A) 962 of 2025 is dismissed. However, if the petitioner appears within a period of three weeks before the regular Magistrate, learned Magistrate will take into account that the petitioner happens to be a government employee and consider his application for bail in accordance with law as the charge-sheet has already been submitted. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)