Kaji Abdul Salam @ Kazi Abdul Salam and Anr. Vs State of… — Anticipatory Bail | Calcutta HC (2025)

Kaji Abdul Salam @ Kazi Abdul Salam and Anr. Vs State of… — Anticipatory Bail | Calcutta HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted to both petitioners in the event of arrest, upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each (one local surety), to the satisfaction of the Arresting Officer, subject to Section 482(2) BNSS / Section 438(2) CrPC conditions and further conditions of cooperation with investigation, meeting the investigating officer as required, and abstaining from threatening or intimidating witnesses.

Issue for consideration

Whether anticipatory bail should be granted to the petitioners (Kaji Abdul Salam @ Kazi Abdul Salam and another) in connection with Arambagh Police Station Case No. 361 of 2025.

Court's answer

Anticipatory bail granted to both petitioners, considering the materials available in the case diary, the alleged roles ascribed to them, the fact that petitioner No.1 is a septuagenarian (75 years old) and petitioner No.2 is specially able (leg disability), and that some other co-accused have already been granted anticipatory bail by the Sessions Court.

Ratio / Principle

Terms of release: in the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer, subject to the conditions under Section 438(2) CrPC / Section 482(2) BNSS, and further conditions that they cooperate with the investigation, meet the investigating officer as and when required, and not threaten or intimidate witnesses.

Detailed headnote1 paragraphs

Anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 granted to two petitioners - a 75-year-old grandfather and his grandson who suffers from a leg disability - in connection with Arambagh Police Station Case No. 361 of 2025 dated 06.07.2025 (Sections 115(2)/117(2)/118(2)/126(2)/3(5)/351(2)/352/76 of the BNS, 2023). Grant rested on the case diary materials, the alleged roles of the petitioners, their age and disability, and parity with other co-accused already granted anticipatory bail by the Sessions Court. Release ordered on a bond of Rs. 10,000/- each with two sureties of like amount (one local), subject to Section 482(2) BNSS / Section 438(2) CrPC conditions, cooperation with investigation, and non-intimidation of witnesses. (Jay Sengupta, J.; November 3, 2025)

AD 22 November 3, 2025 Ct. 28 SG CRM(A) 2975 of 2025 Allowed An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Arambagh Police Station Case No.361 of 2025 dated 06.07.2025 under Sections 115(2)/117(2)/118(2)/126(2)/ 3(5)/351(2)/352/76 of the BNS, 2023. And In the matter of: Kaji Abdul Salam @ Kazi Abdul Salam and another … petitioners Mr. Shounak Mondal Ms. Preetu Choudhury Mr. Moinuddin Mondal … for the petitioners Mr. Sandip Chakraborty Mr. Rahul Ganguly … for the State

Report filed by the State is taken on record.

Learned counsel for the petitioners submits that the petitioner No.1 is 75 years old grandfather of the petitioner No.2. The petitioner No.2, on the other hand, has a disability in his leg and cannot even move properly. It is incredulous that any of the two petitioners could have been involved in the alleged crime. Other co-accused have been granted anticipatory bail by the Sessions Court.

Learned counsel for the State opposes the prayer for anticipatory bail and refers to the statements and the injury report. He points to the report filed and submits that the disability certificate of the petitioner No.2 is genuine.

2

Considering the materials available in the case diary, the alleged roles ascribed to the present petitioners, the fact that the petitioner No.1 is a septuagenarian and the petitioner No.2 is specially able and that some other co accused have been granted anticipatory bail, I am inclined to grant anticipatory bail to the petitioners.

In the event of arrest, the petitioners 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 petitioners shall cooperate with the investigation, shall meet the investigating officer as and when required and the petitioners 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.)