MD Sayed Ali Sardar @ Chhayedali Sardar and Ors. Vs State… — Anticipatory Bail | Calcutta HC (2026)

MD Sayed Ali Sardar @ Chhayedali Sardar and Ors. Vs State… — Anticipatory Bail | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted to the petitioners: in the event of arrest, release on bail on a bond of Rs.10,000/- each with two sureties of like amount each (one local), subject to Section 438(2) CrPC / Section 482(2) BNSS conditions, cooperation with investigation, non-intimidation of witnesses, and weekly meeting with the Investigating Officer till submission of the final report; application disposed of accordingly.

Issue for consideration

Whether the petitioners are entitled to anticipatory bail under Section 482 of the Bharatiya Suraksha Nagarik Sanhita in connection with Sandeshkhali Police Station Case No. 525 of 2024, and whether their custodial interrogation is required.

Court's answer

Considering the materials in the case diary (including that the injury report shows no grievous injury in a scuffle arising from an existing civil property dispute), custodial interrogation of the petitioners is not required and anticipatory bail ought to be granted.

Ratio / Principle

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.

Key takeaways

Release is subject to the conditions under Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the BNSS, 2023, and further conditions that the petitioners shall co-operate with the investigation, shall not threaten or intimidate the witnesses, and shall meet the Investigating Officer once a week till submission of report in final form.ratio¶12

Detailed headnote1 paragraphs

Anticipatory bail - Section 482 BNSS - Existing civil dispute over property between private parties; scuffle caused injuries on both sides, none grievous; injury report discloses no grievous injury - Custodial interrogation not required - Anticipatory bail granted: bond of Rs.10,000/- each with two sureties of like amount (one local) to the satisfaction of the Arresting Officer, subject to Section 438(2) CrPC 1973 / Section 482(2) BNSS 2023 conditions, cooperation with investigation, no threatening or intimidation of witnesses, and weekly meeting with the Investigating Officer till submission of final report.

06.02.2026 Court No.28 Item No.80 ssi

CRM (A) 288 of 2026

In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Suraksha Nagarik Sanhita in connection with Sandeshkhali Police Station Case No. 525 of 2024 dated 04.12.2024 under Sections 126(2)/117(2)/110/74/303(2)/3(5) of the BNS 2023.

And In the matter of: Md. Sayed Ali Sardar @ Chhayedali Sardar & others. …. Petitioners. Mr. Kishore Mukherjee Ms. Dipanwita Gupta …for the petitioners

Mr. Anupam Das Adhikari Mr. Atanu Ghosh

..for the State

Learned counsel appearing on behalf of the petitioners submits that there is an existing civil dispute over property between the private parties. A scuffle took place which caused injuries on both sides. But, none was grievous in nature.

Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. He relies on the statements of the witnesses and the injury report which, however, does not show infliction of any grievous injury.

Considering the above and the other materials available in the case diary, I do not think that custodial interrogation of the petitioners is required in this case and I am inclined to grant anticipatory bail of the petitioners.

Accordingly, the application for anticipatory bail of the petitioners is allowed.

2

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 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 further conditions that the petitioners shall co-operate with the investigation and shall not threaten or intimidate the witnesses. The petitioners shall meet the Investigating Officer once a week till submission of report in final form.

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

(Jay Sengupta, J.)