19.08.2026 Item No. 10 Ct. No. 39 C.R.M.(A) 2038 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 Berhampore Police Station Case No. 563 of 2026 dated 17.04.2026 under Sections 109(1) / 115(2) / 117(2) / 118(2) / 126(2) / 3(5) / 303(2) of the Bharatiya Nyaya Sanhita, 2023 corresponding to G.R. Case No. 1765 of 2026 now pending before the learned Chief Judicial Magistrate, Berhampore, Murshidabad. In the matter of : Bacchu Sk. @ Selim Anwar & anr. … Petitioners. Mrs. Minoti Gomes Mr. Jiyan Iqbal Hossain …for the Petitioners. Ms. S. Poddar …for the State. 1. Memo of evidence, furnished by the S/I., Berhampore Police Station, District Murshidabad, filed in Court today, is taken on record. 2. Learned advocate appearing for the petitioners submits that the petitioners are innocent. They are friends with the de facto complainant who consume alcohol together. On the night of the incident, while they were drinking together, a dispute arose between the parties with regard to payment of such alcohol, and the de facto complainant lodged a false case. She prays for anticipatory bail for the petitioners on any terms and conditions. 3. On the other hand, learned advocate representing the State opposes the prayer for anticipatory bail of the petitioners and relies upon the injury report as well as the statement recorded under Section 180 of the BNSS, 2023. 4. The C.D. is produced. 5. Having heard the learned advocates for the respective parties and upon perusing the materials available on record, including the case diary, it appears that injury sustained by the victim is simple in nature. 6. In the above backdrop, this Court does not find any necessity for custodial interrogation/detention of the petitioners. Hence, prayer for anticipatory bail of the petitioners is considered and allowed. 7. Accordingly, in the event of arrest, the petitioners 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. 8. In the event the petitioners fail 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. 2 9. C.R.M.(A) No. 2038 of 2026 stands disposed of. 10. All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court. 11. 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