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2026 DAILYLAW 1661 (CAL)

AFSAR SEKH v. STATE OF WEST BENGAL

CRM (A)/3101/2025 · 2026-01-13

Jay Sengupta

body2026

Judgment text

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AD 6 January 13, 2026 Ct. 28 SG CRM(A) 3101 of 2025 Allowed An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Bishnupur P.S. Case No.668 of 2025 dated 20.07.2025 under Sections 318(4)/316(2)/338/336(3)/340(2) of the BNS, 2023. And In the matter of: Afsar Sekh … petitioner Mr. Shibaji Kumar Das Ms. Chandana Chakraborty … for the petitioner Mr. Ranadeb Sengupta Mr. D. Mahato ... for the State Mr. Anand Keshari Ms. Soumili Choudhury Ms. Pubali Debnath Ms. Dhriti Chanda … for the de facto complainant Report filed by the State is taken on record. Learned counsel for the petitioner submits that after receiving the consideration for the sale of 32 cottahs of land, the de facto complainant has falsely alleged that although two cottahs of land were supposed to have been conveyed, by interpolation it was later changed to 32 cottahs. The petitioner has paid stamp duty as per assessment made by the concerned authorities for 32 cottahs. The market value of the land was Rs.12,80,000/- for such purpose. It could not have been the case that the said consideration amount was paid for 1/16th share of the properties’ value. On the 2 same allegations, the de facto complainant had approached the civil court, but no injunction was granted. Learned counsel for the de facto complainant strongly opposes the prayer for anticipatory bail, refers to page 12 of the deed and submits that admittedly the sentence inserted with an asterisk did not contain any counter signature. As such, this was against the provisions of the Registration Act. All the pages of the deed were required to be signed. The market value of the “shali” land in question was actually much higher. Learned counsel for the State strongly opposes the prayer for anticipatory bail and submits that as per the petitioner’s claim, the deed in question was not the original one. The de facto complainant had signed in that deed which was meant to convey two cottahs of land in all of the pages. However, the Registrar filed a Report stating that for registration of a deed, only the last page needs to be signed. However, the Report is conspicuously silent about the portion which was written with an asterisk and did not have any counter signature. He relies on the statements of witnesses and the documents seized. Considering the above, the other materials available in the case diary and the facts that there is a civil litigation pending in which no injunction was granted in favour of the de facto complainant and that bulk of the documents in question have been seized by the investigating agency, I am inclined to grant anticipatory bail to the petitioner. 3 In the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (rupees ten thousand) 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 the further conditions that the petitioner shall cooperate with the investigation, shall meet the investigating officer once a fortnight till submission of report in final form and shall not threaten or intimidate witnesses. The application for anticipatory bail is, thus, allowed. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of requisite formalities. (Jay Sengupta, J.)