D/L5 28.08.2026 Bpg. Allowed C.R.M. (A) 1821 of 2026 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.854 of 2026 dated 31.05.2026 under Sections 308(5)/316(2)/351(3)/61(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023; Rakesh Sk. & Ors. Versus The State of West Bengal Mr. Sandipan Ganguly Ms. Sonali Das Mr. Nabiul Islam Mr. Birajman Islam. …for the petitioners. Mr. Gurudas Mitra Mr. Utsav Dutta. …for the State. Mr. Arindam Jana Ms. Pranati Das Mr. Shankar Mukherjee Mr. Saikat Guin. …for the de facto complainant. Supplementary affidavit filed by the petitioners be kept with the record. Report submitted by the State be kept with the record. Primarily, it reflects that the petitioners have access to the land but they are much more disturbed by the conversion of nature and character of the land. Report of the State speaks detail. I have taken into account the overall materials appearing 2 in the case diary and also heard the learned advocate appearing for the de facto complainant who expresses the anxiety that in case the petitioners are available at the locality they would retain their possession in respect of the land. There is a specific averment in the supplementary affidavit made by the petitioners before this Court in paragraphs 5, 6 and 7. Having considered the present stage of circumstances, I am of the opinion that custodial detention of the present petitioners are not necessary. As such, the prayer for anticipatory bail of the petitioners are allowed. Accordingly, in the event of arrest, the petitioners, namely, Rakesh Sk, Rajesh Sk, Amit Mondal, Manik Mondal, Kabir Kha @ Kabir Khan and Budeb Sk @ Matibur Sk shall be released on bail to the satisfaction of the Arresting Officer and also be subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure corresponding to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Additionally, the petitioners shall not enter into the jurisdiction of Berhampore Police Station except without the permission of the Investigating Officer or the Inspector-in-Charge of Berhampore Police Station. The Investigating Officer of the case will once in a week call the petitioners for the sake of investigation till the report in final form is submitted before the jurisdictional court. With the aforesaid observations, CRM(A)1821 of 2026 is allowed. Memo of Evidence submitted by the State be kept with 3 the record. All parties shall act on the server copy of this order duly 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 of all requisite formalities. (Tirthankar Ghosh, J.)