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2026 DAILYLAW 36095 (CAL)

AMILADDIN SARKAR v. STATE OF WEST BENGAL

CRM (A)/2230/2026 · 2026-08-24

Partha Sarathi Chatterjee

body2026

Judgment text

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22 24.08.2026 Ct. No 446 Jayanta Allowed CRM (A) 2230 of 2026 Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with the Harirampur Police Station case no.177 of 2026 dated 19.05.2026 under Sections 115(2)/126(2)/74/351(3)/3/16(2)/318(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023. In the matter of : AMILADDIN SARKAR ….. petitioner Adv. J. Rudra Adv. S. Banerjee …. For the Petitioner. Adv. Sanmuk Bera Adv. A. Pandey …. For the State. 1. Parties are present through their respective Counsels. 2. Mr. Rudra, learned Counsel for the Petitioner, submits that the Petitioner has been falsely implicated in this case. He submits that the two other accused persons are on bail. In such circumstances, according to him, the present Petitioner may also be granted anticipatory bail. 3. Learned Counsel appearing for the State produces the C.D. and other materials, including the Memo of Evidence. 2 4. The incident allegedly occurred in the presence of direct witnesses, and the other accused persons are on bail. No injury report is available in the C.D. 5. Considering these aspects, I am of the view that the custodial interrogation of the present Petitioner is not warranted and the benefit under Section 482 of the BNSS can be extended in favour of the present Petitioner. Accordingly, the prayer for anticipatory bail is allowed. 6. In the event of arrest, the petitioner, namely, AMILADDIN SARKAR, shall be released on bail upon furnishing a bond of Rs. 10,000/- with two sureties of like amount each, to the satisfaction of the Arresting Officer, and shall also be subject to the conditions as laid down under Section 482(2) of the BNSS, 2023, and on further conditions that the petitioner shall cooperate with the investigation and shall not threaten or intimidate the witnesses. The petitioner shall meet the I.O. once a week till submission of the report in final form. 7. The application for anticipatory bail being CRM (A) 2230 of 2026, is thus, disposed of. 8. Urgent Photostat certified copy of this order, duly applied for, be given to the parties upon compliance of all requisite formalities. (Partha Sarathi Chatterjee, J.)