Calcutta High Court (Appellete Side)
Shaikh Ghazi Hafizuddin Shaifullah vs Arjuman Nesa Bibi on 27 January, 2025
Author: Debangsu Basak
Bench: Debangsu Basak
27.01.2025
Item No.5, 6 & 7
Ct. No. 26
CHC
Allowed
C.R.M.(A) 255 of 2025
In Re:- An application for anticipatory bail under Section 482 of
the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection
with Panskura Police Station Case No. 997 of 2024 dated
15.12.2024 under Sections 115(2), 117(2), 126(2), 3(5),
303(2), 351(2) and 74 of the Bharatiya Nyay Sanhita, 2023,
pending before the Court of Ld. Chief Judicial Magistrate,
Tamluk, District- Purba Medinipur.
And
In the matter of : Shaikh Ghazi Hafizuddin Shaifullah
...... petitioner
With
C.R.M.(A) 256 of 2025
In Re:- An application for anticipatory bail under Section 482 of
the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection
with Panskura Police Station Case No. 997 of 2024 dated
15.12.2024 under Sections 115(2), 117(2), 126(2), 3(5),
303(2), 351(2) and 74 of the Bharatiya Nyay Sanhita, 2023,
pending before the Court of Ld. Chief Judicial Magistrate,
Tamluk, District- Purba Medinipur.
And
In the matter of : Arjuman Nesa Bibi
...... petitioner
With
C.R.M.(A) 282 of 2025
In Re:- An application for anticipatory bail under Section 482 of
the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection
with Panskura Police Station Case No. 997 of 2024 dated
15.12.2024 under Sections 115(2), 117(2), 126(2), 3(5),
303(2), 351(2) and 74 of the Bharatiya Nyay Sanhita, 2023,
pending before the Court of Ld. Chief Judicial Magistrate,
Tamluk, District- Purba Medinipur.
And
In the matter of : Shaikh Rejabul Islam
...... petitioner
Signed By :
CHINMOY
CHAKRABORTY
High Court of
Calcutta
27 th of January
2025 06:47:34 PM
2
Mr. Sabir Ahmed, Advocate
Mr. Shourjyo Mukharjee, Advocate
Mr. Vishwarup Acharyya, Advocate
Mr. Quazi Ezaz, Advocate
....for the petitioners
Mr. Atif Ahmed Siddiqui, Advocate
....for the State in CRM(A)/255/25
Mr. Ashok Das, Advocate
...for the State in CRM(A) 256/25
Mr. Anwar Hossain, Advocate
Mr. Nirupam Dhali, Advocate
...for the State in CRM(A) 282/25
1.Three applications for anticipatory bail are taken up for analogous consideration as they emanate out of same police station case.
2. Learned advocate appearing for the petitioners submits that, a police complaint was lodged by the petitioner in CRM(A) 256 of 2025. As a counter to the same, the present police case was registered as against the petitioners. He draws the attention of the Court to the medical report of the petitioners.
3. Learned advocate appearing for the State draws the attention of the Court to the materials in the Case Diary.
4. The Case Diary contains an injury report of one person.
Injury report states that, patient claimed an assault of human bite. However, such patient also refused to undergo any medico legal examination.
5. The injury report of such person does not affirmatively say that such person suffered a human bite. Signed By :
CHINMOY CHAKRABORTY High Court of Calcutta 27 th of January 2025 06:47:34 PM 3
6. The injury report of one of the petitioners before us speaks of physical assault. Two injuries are found on the body of one of the petitioners.
7. Considering the nature of injury suffered by the victim in the police case involved and considering the nature of the incident, we deem it appropriate to grant anticipatory bail to the petitioners.
8. Accordingly, we direct that in the event of arrest the petitioners namely, Shaikh Ghazi Hafizuddin Shaifullah, Arjuman Nesa Bibi and Shaikh Rejabul Islam shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only) each, with two sureties of like amount each, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 482(2) of the BNSS, 2023 and on further condition that, petitioners, namely, Shaikh Ghazi Hafizuddin Shaifullah in CRM(A) 255 of 2025 and Shaikh Rejabul Islam in CRM(A) 282 of 2025 will report before the Investigating Officer once in a month till the conclusion of investigation and petitioner, namely, Arjuman Nesa Bibi in CRM(A) 256 of 2025 will cooperate with the investigation and on condition that the petitioners shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioners in Court including Signed By :
CHINMOY CHAKRABORTY High Court of Calcutta 27 th of January 2025 06:47:34 PM 4 cancelling the anticipatory bail granted without further reference to this Court.
9. The applications for anticipatory bail are, thus, allowed.
10. CRM(A) 255 of 2025, CRM(A) 256 of 2025 and CRM(A) 282 of 2025 are disposed of.
(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.) Signed By :
CHINMOY CHAKRABORTY High Court of Calcutta 27 th of January 2025 06:47:34 PM