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2026 DAILYLAW 36386 (CAL)

SIMA CHAKI AND ORS v. STATE OF WEST BENGAL

CRM (A)/2349/2026 · 2026-08-27

Partha Sarathi Chatterjee

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

27.08.2026 Item No. 36 Ct. No. 446 RUP Allowed C.R.M.(A) 2349 of 2026 In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita Act, 2023, in connection with Chakdah Police Station Case No.974 of 2026 dated 12.07.2026 under Sections 126(2)/ 117(2)/ 110/ 351(3)/ 74/ 3(5) of the Bharatiya Nyaya Sanhita, 2023, pending before the Court of Learned Additional Chief Judicial Magistrate, at Kalyanir, Nadia. And In the matter of : Sima Chaki & Ors.. ...… petitioners Mr. Shibaji Kumar Das, Mr. Dipendu Sarkar, Ms. Deblina De. .…for the petitioners Mr. Lokesh Sharma, Mr. Rishav Kumar Thakur. .…for the State 1. Mr. Das, learned Advocate for the petitioners, submits that the petitioners have been falsely implicated in this case. He submits that the alleged incident occurred following a fight between two groups. He further submits that, in the instant case, custodial interrogation of the petitioners is not warranted. 2. Mr. Sharma, learned Advocate for the State, produces the memo of evidence and the C.D. and opposes the prayer for anticipatory bail made by the petitioners. 3. Heard learned Advocates appearing for the respective parties. Perused the C.D. and other materials, including the injury report and the statements of witnesses recorded under Section 180 of the BNSS. The incident allegedly occurred in the presence of direct evidence. 4. Taking note of the aforesaid and considering the facts of the case, I am of the view that custodial interrogation of the petitioners is not necessary and that the benefit under Section 482 of the BNSS can be extended in favour of the petitioners, subject to certain conditions. 5. Accordingly, I direct that, in the event of arrest, the petitioners, namely, Sima Chaki, Ankush Chakraborty and Suman Chakraborty @ Sumana Chaki, shall be released on bail upon furnishing a bond of Rs. 10,000/- each, with two sureties of the 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. Petitioner No. 2, Ankush Chakraborty, shall meet the Investigating Officer once a week until further orders. The accused persons shall not leave the jurisdiction of the concerned police station without the prior permission of the Investigating Officer. 6. These conditions shall remain effective till the submission of charge-sheet. 2 7. This application being, C.R.M.(A) 2349 of 2026 for anticipatory bail is, thus, allowed. (Partha Sarathi Chatterjee, J.) 3