SABIR HOSSEN SK @ SABIR HOSSAIN SK v. STATE OF WEST BENGAL
CRM (A)/2107/2026 · 2026-08-25
Ajay Kumar Gupta
body2026
DailyLaw.ai
[ 2026 DAILYLAW 35351 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 35351 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
25.08.2026 Sl.No. 5 Ct. 39 Allowed Amalranjan In The High Court At Calcutta Criminal Miscellaneous Jurisdiction Appellate Side
CRM (A) No. 2107 of 2026
In Re: An application for Anticipatory Bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023/under Section 438 of the Code of Criminal Procedure, 1973; filed in connection with Usthi Police Station Case no. 513/2025 dated 18.11.2025 under Sections 126(2)/117(2)/118(2)/109/303(2)/3(5) of the BNS, 2023, corresponding to GR no. 3637/2025. -And- In the matter of : Sabir Hossen Sk. @ Sabir Hossain Sk.
Mr. Mayukh Mukherjee Mr. Asif Dewan Mr. Mehedi Masud ….for the petitioner Ms. Madhumita Sadhukhan …for the State
1. It is submitted by learned counsel appearing on behalf of the petitioner that the petitioner is innocent and has been falsely implicated in the present case. He further draws attention of this court to the fact that the 7 other co-accused persons have been granted anticipatory bail by the Sessions Court on two different dates, observing that the injury as alleged by the victim is not sufficient. The petitioner is also standing in the same footing.
Learned counsel prays for anticipatory bail for the petitioner on any terms and conditions.
2.
Learned counsel appearing on behalf of the State produces the case diary, memo of evidence and relies
2 upon the injury report suffered by the victim and opposes the prayer for anticipatory bail of the petitioner.
3. Memo of evidence, filed by the State, is taken on record.
4. Heard the learned counsels for the respective parties and perused the case diary and the memo of evidence produced by the State including the injury report. Although, the victim suffered head injury and dressing was done upon the victim, however, careful perusal of the said injury report reveals the history of injury sustained by the victim due to RTA and other co-accused persons have already been granted anticipatory bail by the Sessions Court. Furthermore, charge sheet has already been submitted. Accordingly, this court finds that this is a fit case for granting anticipatory bail to the petitioner as there is no need of custodial interrogation/detention.
5. As such, the prayer for anticipatory bail of the petitioner, namely, Sabir Hossen Sk. @ Sabir Hossain Sk. is allowed.
6. In the event of arrest, the petitioner shall be released on bail upon furnishing a Bond of Rs. 10,000/- (Rupees Ten Thousand Only), with two sureties of like amount each, to the satisfaction of learned Additional Chief Judicial Magistrate, Diamond Harbour, South 24 Parganas, on the terms and conditions as he deems fit and proper and also subject to the conditions as laid down under Section
3 438(2) of the Cr.P.C. corresponding to Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
7. In the event the petitioner fails to comply with any of the conditions as imposed by this court, the prosecution shall be at liberty to pray for cancellation of the anticipatory bail granted by this court in accordance with law.
8. The application for anticipatory bail is, thus, disposed of.
9. All parties shall act on the server copies of this order duly downloaded from the official website of this court.
10. The concerned department is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities.
( Ajay Kumar Gupta, J. )