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2026 DAILYLAW 33879 (CAL)

XXXXX v. STATE OF WEST BENGAL AND ANR

CRM (A)/1828/2026 · 2026-08-18

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

18.08.2026 Court No.35. D/L. 9. Kausik (Allowed) CRM (A) 1828 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 Bhimpur Police Station Case No. 80/2026 dated 17.03.2026 under Sections 351(3), 329(4), 75(2), 78(2), 76, 64 and 62 of the BNS, 2023. And In the matter of : XXXX ……Petitioner. Mr. Omar Faruk Gazi ……for the Petitioner. Mr. Brajesh Jha, APP Ms. Surabhi Banerjee ….for the State. Learned advocate appearing for the petitioner submits that petitioner has been implicated in connection with the instant case because of previous enmity. Learned Additional Public Prosecutor opposes the prayer for anticipatory bail. I have taken into account the materials appearing in the case diary, particularly the statement of the child as also taken into consideration that charge sheet which has been submitted before the jurisdictional Court. On an assessment of 2 the same, I am of the view that, on stringent condition, anticipatory bail may be allowed. As such, I direct that in the event of arrest, the petitioner 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 been submitted the order of anticipatory bail will remain valid for a period of 6 weeks. Petitioner, if released on bail, shall stay outside the jurisdiction of Bhimpur Police Station till further orders of the jurisdictional Trial Court. With the aforesaid observations CRM (A) 1828 of 2026 is allowed. Memo of Evidence submitted be kept with the record. 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.)