Naharul Sk. @ Shaikh Vs State of West Bengal — Anticipatory Bail | Calcutta HC (2026)

Naharul Sk. @ Shaikh Vs State of West Bengal — Anticipatory Bail | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted: in the event of arrest, the petitioner to 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, subject to the conditions under Section 438 of the Code of Criminal Procedure corresponding to Section 482 of the BNSS, and further conditions that the petitioner shall not threaten/intimidate witnesses or tamper with evidence, shall surrender before the learned jurisdictional Court and pray for bail within four weeks, and shall regularly attend the jurisdictional Court.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner Naharul Sk. @ Shaikh in connection with Thanarpara PS Case No.390/2025 dated 17.11.2025 under Sections 329(3)/115(2)/117(2)/109/3(5) of the BNS, 2023.

Ratio / Principle

Having regard to the materials in the case diary and the fact that the charge sheet has already been submitted, the court is inclined to grant anticipatory bail to the petitioner.

Key takeaways

The statements of witnesses and injury reports relied upon by the State do not show infliction of any grievous injury.ratio¶9

Detailed headnote1 paragraphs

Anticipatory bail granted (Jay Sengupta, J., C.R.M (A) 1027 of 2026, decided 06.04.2026) to Naharul Sk. @ Shaikh in connection with Thanarpara PS Case No.390/2025 dated 17.11.2025 under Sections 329(3)/115(2)/117(2)/109/3(5) of the BNS, 2023, arising out of an altercation between neighbours over construction of a boundary wall in which, per the injury reports relied on by the State, no grievous injury was inflicted. The charge sheet having already been submitted, the court granted anticipatory bail: release in the event of arrest 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 CrPC / Section 482 BNSS conditions, with further conditions against threatening or intimidating witnesses or tampering with evidence, surrender before the jurisdictional Court within four weeks, and regular attendance before that Court.

06.04.2026 Sl. No.43 Ct. 28 NB

C.R.M (A) 1027 of 2026

In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Thanarpara PS Case No.390/2025 dated 17.11.2025 under Sections 329(3)/115(2)/117(2)/109/3(5) of the BNS, 2023.

And

In the matter of: Naharul Sk. @ Shaikh … petitioner

Mr. Asraf Mondal, Mr. Prabal Das. …for the petitioner.

Mr. Saibal Bapuli ld.APP., Mr. Arani Bhattacharya. …for the State.

Learned counsel appearing on behalf of the petitioner submits that there was an altercation between neighbours over the construction of a boundary wall. However, no grievous injuries were caused.

Learned Additional Public Prosecutor representing the State opposes the prayer for anticipatory bail. He relies on the statement of witnesses and the injury reports, which, however, do not show infliction of any grievous injury. Charge sheet has been submitted.

Considering the above, the other materials available in the case diary and the fact that charge sheet has already been submitted, I am inclined to grant anticipatory bail to the present petitioner.

Accordingly, in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- with two

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sureties of like amount each, one of whom must be local, to the satisfaction of Arresting Officer and subject to the conditions as laid down under Section 438 of the Code of Criminal Procedure, corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita and on further condition that the petitioner shall not threaten or intimidate witnesses or tamper with evidence in any manner whatsoever and shall surrender before the learned jurisdictional Court and pray for bail within four weeks from this date and shall regularly attend the jurisdictional Court.

The application for anticipatory bail is, thus, disposed of.

Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities.

(Jay Sengupta, J.)