31.07.2026 Court No.35. D/L. 9. Kausik (Allowed) CRM (A) 1446 of 2026 In Re: An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure, 1973/Under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Gazole Police Station Case No. 977/2024 dated 01.11.2024 under Sections 281/105/238/61(2) of the BNS, 2024. And In the matter of : Mainul Islam ……Petitioner. Mr. Milon Mukherjee, Sr. Adv. Mr. Dattatreya Dutta ……for the Petitioner. Mr. Krishnendu Bhattacharya, Ld. APP Mr. Sankalpa Bhattacharya ……for the State. Learned Senior Advocate appearing for the petitioner submits that there is no complicity of the present petitioner so far as the offence under Section 105 of the BNS is concerned. But the limited allegation against the petitioner is under Section 238 of the BNS. Learned advocate for the State opposes the prayer for anticipatory bail. I find the facts which are appearing against the present petitioner relate to hiding of the vehicle allegedly used in the offence. There are no other allegations so far as the substantive offence is concerned. Charge sheet has been submitted before 2 the jurisdictional Court. As such, I am of the view that detention of the petitioner, for the sake of investigation, is unwarranted. Consequently, the prayer for anticipatory bail is allowed. As such, I direct that in the event of arrest, the petitioner namely, Mainul Islam be released on bail subject to the satisfaction of the investigating officer/arresting officer of the case and also 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. As charge sheet has already been submitted, this order of anticipatory bail will remain in force for a period of 6 weeks. With the aforesaid observations, CRM (A) 1446 of 2026 is allowed. Pending application(s), if any, is consequently disposed of. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Tirthankar Ghosh, J.)