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2026 DAILYLAW 35552 (CAL)

MEHRUN NESSA AND ORS v. STATE OF WEST BENGAL

CRM (A)/2718/2026 · 2026-08-24

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

24.08.2026 Court No.35. D/L.594. Rakib (Allowed) CRM (A) 2718 of 2026 In Re: An Application for Anticipatory Bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Karaya Police Station case no. 205 of 2026 dated 08.07.2026 under Sections 329(4)/305/3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3/4 of the D.P. Act. And In the matter of : Mehrun Nessa & Ors. ……Petitioners. Mr. Arun Kumar Mohanty Mrs. Kaberi Sengupta Mohanty Mr. R. R. Mohanty Ms. Pusprita Chowdhury Ms. Ms. Tithi Guchait Ms. Pingki Bala Ms. Subhashree Ghosh ......for the Petitioners. Ms. Rajashree Venket Kundalia Mr. Anurag Sardar ……for the State. Learned advocate appearing for the petitioners submit that the present case is a counter blast pursuant to the case instituted being Karaya Police Station case no. 267 of 2025. The nature of the accusations relate to theft which are against the wife and her relations. Learned advocate appearing for the State opposes the anticipatory bail. I have taken into account the gist of the accusations. Having considered the background in which the present case was instituted, I am of the view that custodial detention of the present petitioners is unwarranted. As such, prayer for anticipatory bail of the petitioners 2 namely, Mehrun Nessa, Zaynab Mehrun Nessa, Md Hossain Ismail, Md Jan Ismail and Merajun Nessa is allowed. As such, in the event of arrest, the petitioners shall be released on bail to the satisfaction of the Arresting Officer on such terms and conditions as he deems fit and proper subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. As the investigation of the case is still in progress, the petitioner nos. 3 and 4, within a period of ten days from date, shall make himself available before the Investigating Officer of the case and thereafter, the Investigating Officer of the case, if required, would fix subsequent dates for presence of the petitioner nos. 3 and 4 for the sake of investigation. Additionally, petitioner nos. 1, 2 and 5 shall make themselves available as and when required by the Investigating Officer of the case for the sake of investigation. With the aforesaid observations, CRM (A) 2718 of 2026 is allowed. Memo of evidence submitted by the State 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. 3 Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Tirthankar Ghosh, J.)