Saijuddin Mondal Vs State of West Bengal and Anr. — Anticipatory Bail | Calcutta HC (2025)

Saijuddin Mondal Vs State of West Bengal and Anr. — Anticipatory Bail | Calcutta HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted; in the event of arrest, release on bail on a bond of Rs. 10,000 with two sureties of like amount each (one local), to the satisfaction of the Arresting Officer, subject to Section 482(2) BNSS / Section 438(2) CrPC conditions and further conditions including cooperation with investigation, fortnightly meetings with the investigating officer until the final report, and staying outside Daulatabad Police Station jurisdiction for four weeks (save for meeting the investigating officer or attending the jurisdictional court).

Issue for consideration

Whether anticipatory bail should be granted to the petitioner in connection with Daulatabad Police Station Case No. 237 of 2025 dated 03.08.2025, and on what terms and restrictions.

Court's answer

Based on the case diary materials, including statements and the injury report, the judge was inclined to grant anticipatory bail to the petitioner while restricting his movement for a limited period.

Ratio / Principle

In the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs. 10,000 with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer.

Key takeaways

Release is subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure, 1973, corresponding to Section 482(2) of the BNSS, 2023.ratio¶7
As a further condition, the petitioner shall cooperate with the investigation and meet the investigating officer once a fortnight till submission of the report in final form.ratio¶7
As a further condition, the petitioner shall stay outside the jurisdiction of Daulatabad Police Station for a period of four weeks, except for meeting the investigating officer or attending the jurisdictional court.

Detailed headnote1 paragraphs

Anticipatory bail application (CRM(A) 3424 of 2025) of Saijuddin Mondal under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Daulatabad Police Station Case No. 237 of 2025 dated 03.08.2025 under Sections 126(2)/115(2)/117(2)/303(2)/351(2)/62/64/74/79/3(5) BNS — allowed (Jay Sengupta, J.). Considering the case diary materials, including statements and the injury report, anticipatory bail was granted despite the petitioner's movement being restricted for a limited period. In the event of arrest, the petitioner is to be released on a bond of Rs. 10,000 with two sureties of like amount each (one local), to the satisfaction of the Arresting Officer, subject to Section 438(2) CrPC 1973 conditions corresponding to Section 482(2) BNSS 2023, and further required to cooperate with the investigation, meet the investigating officer once a fortnight till submission of the final report, and stay outside Daulatabad Police Station jurisdiction for four weeks except to meet the investigating officer or attend the jurisdictional court.

AD 33 November 21, 2025 Ct. 28 SG CRM(A) 3424 of 2025 Allowed An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Daulatabad Police Station Case No.237 of 2025 dated 03.08.2025 under Sections 126(2)/115(2)/117(2)/303(2)/ 351(2)/62/64/74/79/3(5) of the BNS. And In the matter of: Saijuddin Mondal … petitioner Mr. Jisan Iqubal Hossain Ms. Chandrima Debnath Mr. Sk. Qareeb … for the petitioner Mr. Anupam Das Adhikary Ms. Trisha Rakshit … for the State

Heard learned counsels for the parties.

Perused the case diary.

It appears that while the petitioner’s case is that a scuffle broke out between private parties over a family dispute and it was quite uncredulous that the petitioner would be trying to commit such offence in the presence of his mother, the prosecution relies on the statements of the victim and the neighbours made before the police officers.

Considering the materials available in the case diary including the statements and the injury report, although I am inclined to grant anticipatory bail to the petitioner, his movement ought to be restricted for a limited period.

2

In the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (rupees ten thousand) 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 petitioner shall cooperate with the investigation, meet the investigating officer once a fortnight till submission of report in final form, shall stay outside the jurisdiction of Daulatabad Police Station for a period of four weeks except meeting the investigating officer or attending the jurisdictional court and 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.)