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2026 DAILYLAW 35912 (CAL)

EASDUL KHAN@HAQUE@EARSHADUL MIAH v. THE STATE OF WEST BENGAL AND ANR

CRM(A)/609/2026 · 2026-08-17

Arijit Banerjee

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

17.08.2026 Item no. 45. Court No.11. S.De 1635 (Allowed) Calcutta High Court In the Circuit Bench at Jalpaiguri CRM (A) 609 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 Sahebganj Police Station Case No.296 of 2026 Dated 15.06.2026 under Sections 69 of the B.N.S. 2023. And In the matter of : Easdul Khan @ Haque @ Earshadul Miah. ……Petitioner. Mr. Sudip Guha, Ms. Sayantani Das, ……for the Petitioner. Ms. Panchali Deb Sikder (Nag), Mr. Gobinda Ghosh, Ms. Rajyashree Ghosh, ……for the State. Ms. Ankita Nag, …for the de facto complainant. 1. The allegation is under Section 69 of the B.N.S. 2023 corresponding to Section 417 of the Indian Penal Code. 2. The petitioner says that there was a love affair between the petitioner and the victim lady who is a married person. Upon the affair coming to light, this false complaint has been lodged. The petitioner says that he will co-operate with the investigating officer. He prays for pre-arrest bail. 3. Learned State counsel opposes the prayer and shows me the material in the case diary including the 2 statement of the victim lady recorded under Section 183 of the B.N.S.S. 4. Learned counsel for the de facto complainant/victim says that he has instructions not to oppose this application. 5. In view of the aforesaid and considering the facts and circumstances of the case, I am of the view that immediate custodial interrogation of the petitioner may not be necessary so long as he co-operates with the investigating officer. 6. Accordingly, in the event of arrest, the petitioner, namely Easdul Khan @ Haque @ Earshadul Miah shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer and shall abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973/Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 until further orders and on further condition that he shall meet the Investigating Officer of this case as and when called for. 7. 7. In case the petitioner fails to adhere to any of the conditions mentioned in Section 438(2) of the Code of Criminal Procedure, 1973/Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the learned 3 Court below shall be entitled to cancel the anticipatory bail without further reference to this Court. 8. The application for anticipatory bail, being CRM (A) 609 of 2026, stands disposed of. 9. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Arijit Banerjee, J.)