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2026 DAILYLAW 32399 (CAL)

SANTOSH KHAN @ UTTAM KHAN v. STATE OF WEST BENGAL

CRM (A)/1998/2026 · 2026-08-21

Ajay Kumar Gupta

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

21.08.2026 Item No. 17 Ct. No. 39 C.R.M.(A) 1998 of 2026 AN (ALLOWED) In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Asansol North Police Station Case No. 196 of 2026 dated 09.05.2026 under Sections 310(4) / 310(5) of the Bharatiya Nyaya Sanhita, 2023 corresponding to Criminal Miscellaneous Case No. 508 of 2026 arising out of G.R. Case No. 1278 of 2026 now pending before the learned Chief Judicial Magistrate, Paschim Bardhaman. In the matter of : Santosh Khan @ Uttam Khan … Petitioner. Mr. Avik Ghatak Mr. Saibal Krishna Dasgupta Mr. Aritra Roy …for the Petitioner. Mr. Bikash Kr. Singh …for the State. 1. Learned advocate appearing for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due to a political rivalry only on the basis of the statement of the co-accused. The petitioner was the General Secretary of the previous ruling party of the State. He prays for anticipatory bail for the petitioner on any terms and conditions. 2. On the other hand, learned advocate representing the State produces the case diary, the memo of evidence and relies on the statement of the witnesses and opposes the prayer for anticipatory bail of the petitioner. 3. Having heard the learned advocates for the respective parties and upon perusing the materials available on record, the case diary including the statement of the witnesses, this Court finds that there are various dichotomies; as such this is a fit case for allowing the petitioner’s anticipatory bail. 4. In such view of the matter, this Court does not find any necessity for custodial interrogation/detention of the petitioner and, hence, prayer for anticipatory bail of the petitioner is considered and allowed. 5. Accordingly, in the event of arrest, the petitioner shall be released on bail to the satisfaction of the arresting officer on the terms and conditions as he deems fit and proper and also subject to the conditions as laid down under Section 438(2) of the Criminal Procedure Code corresponding to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. 6. In the event the petitioner fails to comply with the conditions as imposed by this Court, the prosecution shall be at liberty to pray for cancellation of the anticipatory bail granted by this Court in accordance with law. 7. C.R.M.(A) 1998 of 2026 stands disposed of. 8. All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court. 2 9. The concerned Department is directed to supply urgent certified Photostat copy of this order to the parties, if applied for, upon compliance of all necessary formalities. (Ajay Kumar Gupta, J.) 3