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2026 DAILYLAW 36404 (CAL)

SAGAR KAZI @ SAMSUL HAQUE KAZI AND ORS. v. STATE OF WEST BENGAL

CRM (A)/2330/2026 · 2026-08-28

Partha Sarathi Chatterjee

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

28.08.2026 Sl. No.11 Ct. 446/tkm C. R. M. (A) 2330 of 2026 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Ketugram Police Station Case No.297 of 2026 dated 23.05.2026 under sections 126(2)/115(2)/117(2)/109(1)/308/351(1)/324(6) read with section 3(5) of BNSS 2023 And In Re: Sagar Kazi @ Samsul Haque Kazi & Ors. … … Petitioners Allowed Mr. U S Chattopadhyay Ms. Trisha Rakshit Ms. R Tah Ms. A Datta Ms. Sadia Parveen … … for the petitioners Mr. Priyanka Ganguly Mr. Supriya Mahajan … … for the State 1. It is informed that petitioner no. 1 has been arrested and, hence, the prayer for anticipatory bail, so far as petitioner no. 1 is concerned, is dismissed as infructuous. 2. Learned Advocate for the petitioners submits that the alleged incident occurred after the election result was published in 2021. He submits that there is a delay of almost five years in lodging the FIR, and such delay has not been explained. In such circumstances, according to him, the benefit under Section 482 of the BNSS can be extended in favour of the petitioners. 3. Learned Advocate for the State produces the case diary, memo of evidence and opposes the prayer for anticipatory bail. 4. Heard the learned Advocates appearing for the respective parties and perused the materials in the case diary. Undisputedly, there is a delay of almost five years in lodging the FIR, and no explanation has been offered to justify such delay. No injury 2 report is available in the case diary. Taking note of the facts and circumstances of the case and the fact that the incident allegedly occurred in the presence of direct evidence, I am of the view that custodial interrogation of the petitioners is not necessary and that the privilege under Section 482 of the BNSS can be extended in favour of the petitioners. 5. Accordingly, I direct that, in the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs. 10,000/- (Rupees Ten Thousand only) each, with two sureties of like amount each, to the satisfaction of the learned ACJM Katwa Purba Bardhaman and also subject to the conditions as laid down under Section 482(2) of the BNSS, 2023. 6. The application being CRM (A) 2330 of 2026 is disposed of. (Partha Sarathi Chatterjee, J.)