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2026 DAILYLAW 28419 (CAL)

NAIMUDDIN NADAP AND ORS. v. STATE OF WEST BENGAL

CRM (A)/892/2026 · 2026-07-15

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

15.07.2026 Sl. No. 931 Court No.35 Rohan (Allowed) IN THE HIGH COURT AT CALCUTTA CRIMINAL MISCELLANEOUS JURISDICTION APPELLATE SIDE C.R.M.(A) 892 of 2026 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Pakhuria Police Station Case No. 23 of 2026 dated 14.01.2026 for the offences punishable under Sections 85/103/3(5) of the Bharatiya Nyaya Sanhita, 2023. -And- In the matter of: Naimuddin Nadap & Ors. …Petitioners Mr. Soupal Chatterjee Ms. M. Chatterjee …for the Petitioners Mr. Priyankar Ganguly Ms. Pramita Banerjee …for the State 1. Memo of evidence submitted be kept with the record. 2. Learned advocate appearing for the petitioner at the inception submits that he has instruction not to press the application for petitioner No. 1, namely, Naimuddin Nadap and petitioner No. 5, namely, Taslema Bibi as they were arrested during the pendency of the present proceeding. So far as the application for petitioner No. 2, 3, 4 and 6, the petitioners intend to proceed with the application. 3. Petitioner Nos. 2 and 3 are the brothers-in-law while petitioner Nos. 4 and 6 are the sisters-in-law of the deceased. 2 4. Although case was initiated under Section 103 of the BNS but charge-sheet was submitted under Section 108 of the BNS. 5. Learned advocate appearing for the State opposes the prayer advanced on behalf of the petitioners. 6. In have taken into account the facts of the case and also perused the post-mortem report. Considering the fact that marriage was solemnized 4 years ago and the husband has already suffered custody in connection with the instant case, I am of the opinion that as charge-sheet has been submitted, custodial detention of the petitioners is unwarranted. 7. Accordingly, prayer for anticipatory bail of the petitioners, namely, Asijul Nadap, Hossain Nadap alias Hasen Nadap, Tina Khatun and Farida Parvin alias Farida Bibi is allowed. 8. In the event of arrest, the petitioners shall furnish bond to the satisfaction of the Arresting Officer of the case. The same would be subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and/or under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. 9. Since charge-sheet has already been submitted before the learned Jurisdictional Court, this order of anticipatory bail would be valid for a period of six weeks. 10. With the aforesaid observation, C.R.M. (A) 892 of 2026 is disposed of. 3 11. All parties shall act in terms of the server copy of the order downloaded from the official website of this Court. 12. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Tirthankar Ghosh, J.)