MD Salim and Ors. Vs the State of West Bengal — Anticipatory Bail | Calcutta HC (2026)

MD Salim and Ors. Vs the State of West Bengal — 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.5,000/- each with two sureties of Rs.2,500/- each (one local) to the satisfaction of the Arresting Officer, subject to conditions of cooperating with the investigation, not threatening or intimidating witnesses, and meeting the I.O. as and when required till submission of the final report.

Issue for consideration

Whether the petitioners (Md Salim and Ors), apprehending arrest in Naxalbari Police Station Case No.128 of 2025, are entitled to anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Court's answer

On perusal of the case diary including the medical documents filed, the Court found prima facie that the injuries noted by the Doctor of the Government Hospital are simple in nature, and as such the sections under which the charge-sheet has been submitted prima facie do not co-relate with the injury reports.

Ratio / Principle

Considering the aforesaid fact, the Court was inclined to grant anticipatory bail to the petitioner.

Key takeaways

In the event of arrest, the petitioners are to be released on bail upon furnishing a bond of Rs.5,000/- each with two sureties of Rs.2,500/- each (one of whom must be local) to the satisfaction of the Arresting Officer, subject to conditions that they cooperate with the investigation, shall not threaten or intimidate witnesses, and shall meet the I.O. as and when required till submission of report in final form.ratio¶18
The prayer for anticipatory bail of the petitioners is allowed and CRM (A) 317 of 2026 is disposed of.ratio¶19

Detailed headnote1 paragraphs

Anticipatory bail – S.482 Bharatiya Nagarik Suraksha Sanhita, 2023 – Naxalbari Police Station Case No.128 of 2025 dated 28.07.2025, FIR under Ss.118(3)/109/74/3(5) BNS, chargesheet under Ss.118(2)/109/74/3(5) BNS – on perusal of case diary including medical documents, injuries noted by the Doctor of the Government Hospital found prima facie simple in nature, and the charge-sheet sections prima facie did not co-relate with the injury reports – de facto complainant filed affidavit stating amicable settlement and no grievance against the petitioner at this stage – anticipatory bail granted: bond of Rs.5,000/- each with two sureties of Rs.2,500/- each (one local) to the satisfaction of the Arresting Officer; petitioners to cooperate with investigation, not threaten or intimidate witnesses, and meet the I.O. as and when required till submission of report in final form – CRM (A) 317 of 2026 disposed of (Shampa Dutt (Paul), J.).

12.06.2026 Item no.07 Court No.5. MKP

In the High Court at Calcutta Circuit Bench at Jalpaiguri Criminal Miscellaneous Jurisdiction

CRM (A) 317 of 2026

In Re: An Application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

And

In the matter of : Md Salim And Ors

Mr. Hillol Saha Podder

Mr. Gopal Roy

…..…Petitioners. ……for the Petitioners. ……….for the De-facto

Mr. Avrojyoti Das, Ld.APP Ms. Rajyashree Ghosh

…………..for the State

1. The petitioner herein prayed for anticipatory bail apprehending arrest in connection with the Naxalbari Police Station Case No.128 of 2025 dated 28.07.2025 under Sections 118(3)/109/74/3(5) of the Bharatiya Nyaya Sanhita, 2023.

2. Chargesheet in the present case has been submitted for offence punishable under Sections 118(2)/109/74/3(5) BNS.

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3. The de facto complainant in the present case has filed affidavit before this Court, stating that the dispute between parties has been amicably settled and the de facto complainant has no grievance against the petitioner at this stage, if anticipatory bail of the petitioner is considered.

4. On hearing the parties and on perusal of the material on record, case diary including the medical documents filed, this Court finds that prima facie the injuries noted by the Doctor of the Government Hospital, is simple in nature and as such the section under which charge-sheet has been submitted prima facie does not co-relate with the injury reports.

5. Considering the said fact this Court is inclined to grant anticipatory bail to the petitioner.

6. Accordingly, in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.5,000/each with two sureties of Rs.2,500/- each, one of whom must be local, to the satisfaction of the Arresting Officer and also be subject to further conditions that the petitioners shall cooperate with the investigation and shall not threaten or intimidate witnesses. The petitioners shall meet the I.O. as and when required till submission of report in final form.

7. The prayer for anticipatory bail of the petitioners is allowed.

8. CRM(A) 317 of 2026 is thus, disposed of .

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9. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with requisite formalities.

(Shampa Dutt (Paul), J.)