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2026 DAILYLAW 14764 (CAL)

JAGANNATH HALDER AND ANR. v. STATE OF WEST BENGAL

CRM (A)/4196/2025 · 2026-01-05

Jay Sengupta

body2026

Judgment text

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AD 51 January 05, 2026 Ct. 28 RANJAN CRM(A) 4196 of 2025 Partly allowed An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Tehatta P.S. Case No. 595 of 2024 dated 13.08.2024 under Sections 85/117(2)/109/3(5) of the Bharatiya Nagarik Suraksha Sanhita, 2023. And In the matter of: Jagannath Halder & Ors. … petitioners Mr. Anand Islam Mr. Sourav Mukherjee Mr. Raja Das … for the petitioners Mr. Sardar Sahin Imam Mr. Arup Sarkar ... for the State Learned counsel for the petitioner submits that the petitioner no. 1 is the husband of the alleged victim. The marriage between the couple took place about 10 years ago. The petitioner has been falsely implicated in this case. Learned counsel for the State vehemently opposes the prayer for anticipatory bail and refers to the statements of the witnesses and the injury report. Considering the above and the other materials available in the case diary, while I am inclined to grant anticipatory bail to the petitioner no. 2 (Asima Mondal alias Asima Biswas), the application for anticipatory bail of the petitioner no. 1 (Jagannath Halder) is rejected. 2 In the event of arrest, the petitioner no. 2 (Asima Mondal alias Asima Biswas) shall be released on bail upon furnishing a bond of Rs.10,000/- (rupees ten thousand) 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 corresponding to Section 482(2) of the BNSS, 2023 and on the further conditions that the petitioner no. 2 (Asima Mondal alias Asima Biswas) shall surrender before the jurisdictional court within a four weeks from this date and pray for bail, shall attend the jurisdictional court regularly and shall not threaten or intimidate witnesses. The application for anticipatory bail is, thus, disposed of. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of requisite formalities. (Jay Sengupta, J.)