Calcutta High Court
CRM (A)/2311/2026 of SK SAMIUL @ SEKH SAMIUL AND ORS. Vs STATE OF WEST BENGAL on 31 August 2026
Sl. No.40 Ct. 446/tkm C. R. M. ( A ) 2311 of 2026 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with English Bazar Police Station Case No.767 of 2014 dated 13.08.2014 under sections 498A/302/34 IPC And In Re: Sk.
31.08.2026
Sl. No.40
Ct. 446/tkm
C. R. M. (A) 2311 of 2026
In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with English Bazar Police Station Case No.767 of 2014 dated 13.08.2014 under sections 498A/302/34 IPC
And
In Re: Sk. Samiul @ Sekh Samiul & Ors.
… … Petitioners
Mr. M Chatterjee
… … for the petitioners
Mr. Amarta Ghosh
Mr. Probal Das
… … for the State
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1. Mr. Chatterjee, learned Advocate for the petitioners submits that the petitioners have been implicated by invoking Section 3(5) of the BNS. He submits that, till date, no WA has been issued against the petitioners, and hence, it cannot be said that the petitioners are not entitled to the benefit under Section 482 of the BNSS. He submits that, considering the role attributed to the petitioners, they may be granted pre-arrest bail.
2. Mr. Ghosh, learned Advocate for the State, produces the case diary and vehemently opposes the prayer for anticipatory bail made on behalf of the petitioners on the basis of the materials available therein. He submits that the petitioners have been absconding for almost 12 years. This case was started on 13.08.2014, and after completion of the investigation, charge- sheet was submitted on 08.08.2018, showing the present petitioners as absconders.
3. Heard the learned Advocates for the respective parties and perused the materials on record. Present case was started under section 498A/302/34 IPC against the petitioners on 13.08.2014
2 and thereafter, on 08.08.2018 charge sheet was submitted citing the petitioners as absconders and warrant of arrest was issued. Considering the nature and gravity of offence and also considering the conduct of the petitioners and considering that the accused person are evading arrest for quite long time, I am of the view that it would not be proper to extend the benefit under Section 482 of the BNSS in favour of the petitioners.
4. Accordingly, prayer for anticipatory bail is rejected.
(Partha Sarathi Chatterjee, J.)