1. Sanjay Shil @ Sanjoy Shil on 24 April, 2025

Calcutta High Court (Appellete Side)

Nyaya Sanhita vs In Re : 1. Sanjay Shil @ Sanjoy Shil on 24 April, 2025

Author: Jay Sengupta

Bench: Jay Sengupta

24.04.2025
IN THE HIGH COURT AT CALCUTTA
Item No.DL39 CRIMINAL MISCELLANEOUS JURISDICTION
Court No. 28 APPELLATE SIDE
Asraf, AR(Ct.)

ALLOWED
CRM (A) 1305 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 Hogalberia Police Station
case no.85 of 2025 dated 19.03.2025 under Sections
109, 117(2), 118(2), 329(4) and 3(5) of the Bharatiya
Nyaya Sanhita, 2023.

-and-

In Re : 1. SANJAY SHIL @ SANJOY SHIL

2. SUJAY SHIL @ SIL

3. MENOKA SHIL @ SIL

4. SHIPRA SHIL @ MITHU SHIL
……Petitioners
For the Petitioners :

Mr. Asraf Mandal
Mr. Tanbir Mandal
…..Advocates
For the De facto Complainant :

Mr. Aritra Kumar Thokdar
…..Advocate
For the State :

Mr. Bidyut Kumar Ray
Mr. Santanu Talukder
…..Advocates
Learned counsel appearing on behalf of the petitioners

submits as follows. There are case and counter-case. In fact, the

petitioner no.3 lodged a prior FIR against the other side. The

petitioners were not responsible for the alleged crime. No

grievous injury was received by any of the parties.

Learned counsel appearing on behalf of the de facto

complainant opposes the prayer for anticipatory bail and

submits that the petitioners attacked the de facto complainant
Page 2

in his house. The accused in the other case surrendered and

obtained bail.

Learned counsel appearing on behalf of the State refers

to the statements of witnesses and the injury report. The injury

report does not show any grievous injury of any of the victims.

In view of the fact that there are case and counter-case

and considering the nature of injuries inflicted, I do not think

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 they shall meet the Investigation Officer of the

case once a fortnight till submission of report in final form,

cooperate with the investigation and shall not threaten or

intimidate witnesses or tamper with evidence in any manner

whatsoever.

The application for anticipatory bail being CRM(A) 1305

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. )