Extracted from the PDF above. The PDF is authoritative.
21.08.2026 Sl.No. 10 Ct. 39 Allowed Amalranjan In The High Court At Calcutta Criminal Miscellaneous Jurisdiction Appellate Side
CRM (A) No. 1945 of 2026
In Re: An application for Anticipatory Bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023/under Section 438 of the Code of Criminal Procedure, 1973; filed in connection with Harishchandrapur Police Station Case no. 38/2026 dated 15.01.2026 under Sections 69/89/115(2)/351(3)/318(4)/3(5) of the BNS, 2023, corresponding to GR no. 167/2026. -And- In the matter of : Nurjahan Khatun
Mr. Rejwan Ali Mr. Sayantan Adhya ….for the petitioner Mr. Goutam Dey Mr. Neel Chakraborty …for the State Mr. Imdadul Hoque …for the de-facto complainant
1. It is submitted by learned counsel appearing on behalf of the petitioner that the petitioner is innocent and she has been falsely implicated in the present case. There are landed property disputes amongst the family members. He further concedes that there are several cases and counter cases pending amongst the parties. He further submits that the four other co-accused have been granted anticipatory bail by the Sessions court. He prays for anticipatory bail for the petitioner on any terms and conditions. 2
2. The learned counsel for the de-facto complainant strongly opposes the prayer for anticipatory bail of the present petitioner. 3. Learned counsel appearing on behalf of the State produces the case diary and submits that there are various cases pending against the petitioner and she has thrown patrol on the victim to set her on fire as per the statement of the victim. He opposes the prayer for anticipatory bail of the petitioner. 4. Supplementary report and memo of evidence, filed by the State, are taken on record. 5. Having heard the learned counsels for the respective parties and on perusal of the case diary produced by the State including the statements recorded under Sections 180 and 183 of the BNSS as well as the injury report, it appears from the injury report that there was fist fight amongst them. The previous cases more or less involved similar offences and in all cases she had been granted regular bail/anticipatory bail by different courts. The present petitioner is a female accused. Accordingly, this court finds that this is a fit case for granting anticipatory bail to the petitioner as there is no need of custodial interrogation. 6.
As such, the prayer for anticipatory bail of the petitioner, namely, Nurjahan Khatun is allowed. 3
7. 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 Cr.P.C. corresponding to Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. 8. In the event the petitioner fails to comply with any of 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. 9. The application for anticipatory bail is, thus, disposed of. 10. All parties shall act on the server copies of this order duly downloaded from the official website of this court. 11. The concerned department is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities. ( Ajay Kumar Gupta, J. )