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

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

What the court decided

AI extract

Outcome

Anticipatory bail granted to both petitioners: upon arrest, release on a bond of Rs.10,000/- each with two sureties of like amount each (one local), to the satisfaction of the Arresting Officer, subject to Section 438(2) CrPC, 1973 / Section 482(2) BNSS, 2023 conditions, plus cooperation with investigation, no threatening or intimidation of witnesses, and meeting the I.O. once a week till submission of the report in final form.

Issue for consideration

Whether anticipatory bail under Section 482 of the BNSS, 2023 should be granted to the petitioners (Sajeman & Anr.) in connection with Ratua P.S. Case No. 670 of 2025 dated 31.08.2025.

Court's answer

Considering the rival submissions and the other materials available in the case diary, the court was inclined to grant anticipatory bail to the petitioner(s).

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, subject to the conditions under Section 438(2) CrPC, 1973 corresponding to Section 482(2) BNSS, 2023.

Key takeaways

Additional conditions imposed: the petitioners shall cooperate with investigation, shall not threaten or intimidate witnesses, and shall meet the I.O. once a week till submission of the report in final form.ratio¶10
The application for anticipatory bail is allowed.ratio¶11

Detailed headnote1 paragraphs

Anticipatory bail - Section 482 BNSS, 2023 - Scuffle between neighbours over demarcation of land; both sides injured, no grievous injury (per injury report relied on by the State); case and counter case - Considering the submissions and other materials in the case diary, the court granted anticipatory bail to the petitioners in Ratua P.S. Case No. 670 of 2025 dated 31.08.2025 (offences under Ss.109/115(2)/117(2)/118(2)/329(3)/3(5) BNS; charge sheet under Ss.126(2)/115(2)/117(2)/109/3(5) BNS, 2023). Conditions: bond of Rs.10,000/- each with two sureties of like amount (one local) to the satisfaction of the Arresting Officer; conditions under S.438(2) CrPC, 1973 corresponding to S.482(2) BNSS, 2023; cooperation with investigation, no threatening or intimidation of witnesses, meeting the I.O. once a week till submission of the report in final form.

06.03.2026 Court No.28 Item No. 48 tbsr Allowed

CRM (A) 584 of 2026 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Ratua P.S. Case No. 670 of 2025 dated 31.08.2025 under Sections 109/115(2)/117(2)/118(2)/329(3)/3(5) of the BNS charge sheet under Sections 126(2)/115(2)/117(2)/109/3(5) of the BNS, 2023. And

In the matter of: Sajeman & Anr.

….Petitioners. Mr. A. Sarkar, Mr. G. Roy …for the petitioners Mr. Debabrota Chatterjee, Mr. Rajes Jana .. for the State

Learned counsel appearing on behalf of the petitioners submits that there was a scuffle between neighbours over the issue of demarcation of land. Both sides received injures. But, none was grievous in nature. There are case and counter case.

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

Considering the above and the other materials available in the case diary, I am inclined to grant anticipatory bail to the petitioner.

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

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corresponding to Section 482(2) of the BNSS, 2023 and on further condition that the petitioners shall cooperate with investigation, shall not threaten or intimidate witnesses and shall meet the I.O. once a week till submission of report in final form.

The application for anticipatory bail is, thus, 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.)