Samsad Sk and Ors. Vs State of West Bengal — Anticipatory Bail | Calcutta HC (2026)

Samsad Sk and Ors. Vs State of West Bengal — Anticipatory Bail | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted to petitioner no.1 (Samsad Sk.) and petitioner no.2 (Jannatun Firdous @ Janatun Khatun) in the event of arrest, on a bond of Rs.10,000/- each with two sureties of like amount each (one of whom must be local), subject to the conditions under Section 438 CrPC corresponding to Section 482 BNSS and further conditions (no threatening/intimidation of witnesses, no tampering with evidence, surrender before the jurisdictional Court within four weeks and regular attendance); the application of petitioner no.3 (Aliul Sk.) was rejected.

Issue for consideration

Whether the petitioners are entitled to 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 Kaliachak PS Case No.1615/2025. +1 more

Court's answer

Anticipatory bail granted to petitioner no.1 (Samsad Sk.) and petitioner no.2 (Jannatun Firdous @ Janatun Khatun).

Ratio / Principle

Application for anticipatory bail of petitioner no.3 (Aliul Sk.) rejected.

Key takeaways

From the injury reports, petitioner no.3 had assaulted one of the victims with a “Hasoa”, causing serious injury to the victim's head; this material underpinned the refusal of anticipatory bail to petitioner no.3.ratio¶¶10
In the event of arrest, petitioner nos.1 and 2 to be released on bail on a bond of Rs.10,000/- each with two sureties of like amount each (one local), subject to Section 438 CrPC / Section 482 BNSS conditions, with further conditions not to threaten or intimidate witnesses or tamper with evidence, to surrender before the jurisdictional Court within four weeks and attend it regularly.ratio¶¶14

Detailed headnote1 paragraphs

Anticipatory bail – Application under Section 438 of the Code of Criminal Procedure, 1973 corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kaliachak PS Case No.1615/2025 dated 16.09.2025 under Sections 126(2)/117(2)/118(2)/109/3(5) of the BNS, 2023 – Injury reports disclosed that petitioner no.3 (Aliul Sk.) had assaulted one of the victims with a “Hasoa” causing serious head injury – Anticipatory bail granted to petitioner no.1 (Samsad Sk.) and petitioner no.2 (Jannatun Firdous @ Janatun Khatun) on a bond of Rs.10,000/- each with two sureties of like amount each, one local, subject to Section 438 CrPC / Section 482 BNSS conditions, with undertakings not to threaten or intimidate witnesses or tamper with evidence and to surrender before the jurisdictional Court within four weeks – Application of petitioner no.3 rejected – Application partly allowed (Jay Sengupta, J.).

27.01.2026 Sl. No.60 Ct. 28 NB

C.R.M. (A) 8 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 Kaliachak PS Case No.1615/2025 dated 16.09.2025 under Sections 126(2)/117(2)/118(2)/109/3(5) of the BNS, 2023.

And

In the matter of: Samsad Sk & Ors.

Md. Wasim Akram, Ms. Sabina Parveen. …for the petitioners.

Mr. Imran Ali, Ms. Baisakhi Chatterjee. …for the State.

Learned counsel appearing on behalf of the petitioners submits as follows. The petitioner no.2 had earlier been thrown out of her matrimonial home. There was an attempt to settle the matter which did not fructify. A fight ensued between the private parties. However, there was no grievous injury caused. There are case and counter case.

Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. He refers to the statements of witnesses and the injury reports.

It appears from the injury reports that the petitioner no.3 had assaulted one of the victims with a “Hasoa” and as a result, serious injury was suffered by the victim on his head.

Considering the above, the other materials available in the case dairy, the alleged role ascribed to each of the present

2

petitioners, while I am inclined to grant anticipatory bail to the petitioner no.1 (Samsad Sk.) and the petitioner no.2 (Jannatun Firdous @ Janatun Khatun), the application for anticipatory bail of the petitioner no.3 (Aliul Sk.) is rejected.

Accordingly, in the event of arrest, the petitioner no.1 (Samsad Sk.) and the petitioner no.2 (Jannatun Firdous @ Janatun Khatun) 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 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 petitioner no.1 (Samsad Sk.) and the petitioner no.2 (Jannatun Firdous @ Janatun Khatun) 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 attend the jurisdictional Court regularly.

The application for anticipatory bail being C.R.M. (A) 8 of 2026 is, partly allowed.

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.)