Calcutta High Court (Appellete Side)
Bharatiya Nyaya Sanhita vs In Re : 1. Abdul Malek Sardar on 23 April, 2025
Author: Jay Sengupta
Bench: Jay Sengupta
23.04.2025
IN THE HIGH COURT AT CALCUTTA
Item No.DL36 CRIMINAL MISCELLANEOUS JURISDICTION
Court No. 28 APPELLATE SIDE
Asraf, AR(Ct.)
ALLOWED
CRM (A) 1288 of 2025
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 filed in connection with Matia P.S. Case no.14 of
2025 dated 11.01.2025 under Sections 318(2), 319(2),
318(4), 351(2), 61(2) and added Section 338 of the
Bharatiya Nyaya Sanhita, 2023.
— and —
In Re : 1. ABDUL MALEK SARDAR
2. SAHARJAHAN BIBI
3. AJIJUL MOLLA
4. SWARUP JAN BIBI @ SWARUP JAN MOLLA
……Petitioners
For the Petitioners :
Mr. Surajit Basu
Mr. Jasika Alam
…..Advocates
For the De facto Complainant :
Mr. Kallol Kumar Basu
Mr. Md. Jannat Ul Firdous
…..Advocates
For the State :
Ms. Faria Hossain, APP
Ms. Suveni Banerjee
…..AdvocatesLeave is granted to amend the causetitle.
Learned counsel appearing on behalf of the petitioners
submits as follows. The petitioners are the bona fide
purchasers of property without notice of any defect in title. The
prime accused in this case is one Abdul Ohid who allegedly
committed impersonation and forgery to sell properties.
Page 2
Learned counsel appearing on behalf of the de facto
complainant opposes the prayer for anticipatory bail and
submits that the charge of forgery was added subsequently and
the investigating officer was changed. Custodial interrogation
of the present petitioners is required.
Learned counsel appearing on behalf of the State
opposes the prayer for anticipatory bail and submits as follows.
The main culprit is one Abdul Ohid who had forged a
document, impersonated himself as the de facto complainant of
this case and had a land transferred. Earlier he had even had
his name recorded in the Record of Rights on the basis of a
forged affidavit.
In view of the fact that the main culprit in this case is
allegedly one Abdul Ohid and that the petitioners have already
responded to the notice issued by the police under Section
35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, I do not
find that the custodial interrogation of the petitioners is
required.
Accordingly, the petitioners shall be released on bail
upon furnishing bonds 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 subject to the
conditions as laid down under Section 438 of the Code of
Criminal Procedure, 1973 corresponding to Section 482 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 and on further
condition that he shall meet the Investigation Officer of the
case as and when required, cooperate with the investigation
Page 3and shall not threaten or intimidate witnesses or tamper with
evidence in any manner whatsoever.
The application for anticipatory bail being CRM(A) 1288
of 2025 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. )