Sekh Mahasin and Ors. Vs State of West Bengal and Anr. — Anticipatory Bail | Calcutta HC (2026)

Sekh Mahasin and Ors. Vs State of West Bengal and Anr. — Anticipatory Bail | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted to all petitioners: in the event of arrest, release upon 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, surrender before the learned jurisdictional Court within four weeks, and regular attendance; the application stands disposed of.

Issue for consideration

Whether anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 (corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023) should be granted to the petitioners in connection with Illambazar PS Case No.291/2025.

Court's answer

Taking into account the materials in the case diary, the submissions (including deposit of 50% of the finally assessed amount to WBSEDCL) and the fact that the charge sheet has already been submitted, custodial interrogation of the petitioners is not required and anticipatory bail is granted.

Ratio / Principle

In the event of arrest, the petitioners are to be released on bail 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 / Section 482 BNSS, further conditions not to threaten or intimidate witnesses or tamper with evidence, surrender before the jurisdictional Court and pray for bail within four weeks, and regular attendance at the jurisdictional Court.

Detailed headnote1 paragraphs

Anticipatory bail granted — Sekh Mahasin & Ors., in connection with Illambazar PS Case No.291/2025 dated 11.08.2025 under Sections 135(1)(a) and 135(1)(a)(b)(c)(d) of the Electricity Act, 2003 (matter involving WBSEDCL): noting that the charge sheet had already been submitted and that, without prejudice, the petitioners had already deposited 50% of the finally assessed amount to WBSEDCL, the court held that custodial interrogation of the petitioners was not required and granted anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973, corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 — release in the event of arrest on a bond of Rs.10,000/- each with two sureties of like amount each (one local), subject to conditions including non-threatening/non-intimidation of witnesses, non-tampering with evidence, surrender before the jurisdictional Court within four weeks and regular attendance. (Jay Sengupta, J.)

16.02.2026 Sl. No.21 Ct. 28 NB

C.R.M (A) 38 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 the Illambazar PS Case No.291/2025 dated 11.08.2025 under Sections 135(1)(a) and 135(1)(a)(b)(c)(d) of Electricity Act, 2003.

And

In the matter of: Sekh Mahasin & Ors

… petitioners

Mr. Chittapriya Ghosh, Ms. Priyanka Saha. …for the petitioners.

Mr. Anwar Hossain, Mr. Parvej Anam.

…for the State.

Mr. Aniket Mitra …for the WBSEDCL.

Learned counsels appearing on behalf of the petitioners and the WBSEDCL submit that, without prejudice, the petitioners have already deposited 50% of the finally assessed amount to WBSEDCL.

Heard the learned counsel for the State.

Perused the case diary.

Considering the above, the other materials available in the case diary and the fact that charge sheet has already been submitted, I do not think that custodial interrogation of the petitioners is required in this case and I am inclined to grant anticipatory bail to the present petitioners.

2

Accordingly, 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 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 petitioners 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 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.)